ARTICLE VIII: GENERAL OBLIGATION BOND ACCOUNTABILITY REPORTS

 

Sec. 2.70.	Definitions.
Sec. 2.71.	Conditions for Submission of Bond Accountability Report.
Sec. 2.72.	Contents of Bond Accountability Report.
Sec. 2.73.	Validity of the Bonds.
Sec. 2.74.	Construction.

 

SEC. 2.70. DEFINITIONS.

   For the purposes of this Article, the following terms shall have the meanings given below:

   (a)   The term "accountability report" shall mean any report pertaining to the expenditure of general obligation bond proceeds required by this Article.

   (b)   The term "authorized officer" shall mean the director of the governmental entity for which bonds were issued.

   (c)   The term "Board" shall mean the Board of Supervisors of the City.

   (d)   The term "bonds" shall mean general obligation bonds.

   (e)   The term "bond proceeds" shall be determined in accordance with the legislation authorizing the sale and issuance of particular general obligation bonds.

   (f)   The term "Budget Analyst" shall mean the budget analyst for the Board or any successor to that position.

   (g)   The term "Charter" shall mean the Charter of the City.

   (h)   The term "City" shall mean the City and County of San Francisco.

   (i)   The term "Clerk" shall mean the Clerk of the Board of Supervisors of the City.

   (j)   The term "Controller" shall mean the Controller of the City.

   (k)   The term "Director of Public Finance" shall mean the Director of the Mayor's Office of Public Finance or any successor to that position.

   (l)   The term "expended" shall mean an actual current outlay of cash for the project or the appropriation of bond proceeds or contractual encumbrances of bond proceeds.

   (m)   The term "governmental entity" shall mean any department of the City, public district, corporation, public agency or public authority on whose behalf bonds have been issued by the City.

   (n)   The term "project" shall mean the objects and purposes specified in the general obligation bond proposition pursuant to which the bonds were issued.

   (o)   The term "project line item" shall mean any portion of the project identified by line item in any accountability report or proposed expenditure report.

   (p)   The term "proposed expenditure report" shall mean any estimate or projection for the expenditure of bond proceeds prepared by a governmental entity prior to the issuance of the bonds and/or the appropriation of bond proceeds.

   (q)   The term "Treasurer" shall mean the Treasurer of the City.

(Added by Ord. 23-00, File No. 992155, App. 2/18/2000; amended by Ord. 48-02, File No. 020407, App. 4/19/2002)

SEC. 2.71. CONDITIONS FOR SUBMISSION OF BOND ACCOUNTABILITY REPORT.

   (a)   Each governmental entity which requests the appropriation of bond proceeds by the Board shall submit a report in the form required by Section 2.72 to the Clerk of the Board, the Controller, the Treasurer, the Director of Public Finance and the Budget Analyst sixty (60) days prior to the date of any such appropriation and within sixty (60) days after the date of all such appropriated bond proceeds have been expended. Multiple appropriations may be combined into a single accountability report.

   (b)   If any bonds authorized for a project have been issued, the governmental entity to which such bond proceeds were appropriated shall submit a report in the form required by Section 2.72 to the Clerk of the Board, the Controller, the Treasurer, the Director of Public Finance and the Budget Analyst sixty (60) days prior to approval by the Board of the sale of any subsequent series of bonds for the same project. Any report filed pursuant to this paragraph (b) shall be in addition to the reports required pursuant to paragraph (a).

   (c)   The Budget Analyst shall, upon receipt of an accountability report, prepare and submit to the Clerk of the Board an analysis of said accountability report detailing whether or not the bond proceeds (i) in the case of an accountability report submitted prior to the issuance of the first series of bonds, can be expended in accordance with the appropriation or (ii) in the case of an accountability report for any bonds which meet the requirements of paragraph (b) above, were expended in accordance with the appropriation.

   (d)   Any accountability report shall be subject to the reallocation provisions of federal tax law relating to the bonds.

   (e)   The Board may waive the requirement for any accountability report by resolution.

(Added by Ord. 23-00, File No. 992155, App. 2/18/2000; amended by Ord. 48-02, File No. 020407, App. 4/19/2002)

SEC. 2.72. CONTENTS OF BOND ACCOUNTABILITY REPORT.

   Each report required to be submitted pursuant to this Article shall contain the following information:

   (a)   A certification from an authorized officer of the governmental entity that the information contained in the accountability report is true and correct.

   (b)   The cumulative amount of bond proceeds expended on the project and the cumulative amount of bond proceeds available for the project.

   (c)   A brief description of each project line item for which bond proceeds have been expended. Project line items shall be described in the same manner as in any proposed expenditure report or, if no proposed expenditure report was made, in as much detail as practicable.

   (d)   The amount of bond proceeds expended on each project line item. If applicable, such report shall also include an estimate of the amount of bond proceeds remaining to be spent on each project line item.

   (e)   Identification of completed and uncompleted project line items.

   (f)   The status of each uncompleted project line item.

   (g)   Identification of any project line item not included in a proposed expenditure report.

   (h)   Identification of any project line item included in a proposed expenditure report for which bond proceeds will not be used.

   (i)   Certification than each project identified is in conformity with the voter authorization.

   (j)   An explanation for project line items identified in paragraphs (f) and (g).

(Added by Ord. 23-00, File No. 992155, App. 2/18/2000; amended by Ord. 48-02, File No. 020407, App. 4/19/2002)

SEC. 2.73. VALIDITY OF THE BONDS.

   The validity of the authorization and issuance of any bonds is not dependent on and shall not be affected in any way by any failure by the City to require, or any failure by a governmental entity to file, any accountability report required by this Article.

(Added by Ord. 23-00, File No. 992155, App. 2/18/2000)

SEC. 2.74. CONSTRUCTION.

   The powers conferred by the provisions of this Article are in addition to and supplemental to the powers conferred by the Charter or any other ordinance or law.

(Added by Ord. 23-00, File No. 992155, App. 2/18/2000)

ARTICLE IX: OFFICIAL NEWSPAPER(S)

 

Sec. 2.80.	Findings.
Sec. 2.80-1.	Definitions.
Sec. 2.81.	Official Newspaper(s) – Designation.
Sec. 2.81-1.	Use of Official Newspapers.
Sec. 2.81-2.	Outreach Fund.
Sec. 2.81-3.	Outreach Periodicals – Designation.
Sec. 2.81-4.	Neighborhood Outreach.