2005 California Education Code Sections 15300-15303 Article 1. General Provisions

EDUCATION CODE
SECTION 15300-15303

15300.  This chapter provides a method for the formation of school
facilities improvement districts consisting of a portion of the
territory within a school district or community college district and
for the issuance of general obligation bonds by a school facilities
improvement district.
15301.  (a) Any school district or community college district that
has a community facilities district formed pursuant to the Mello-Roos
Community Facilities Act of 1982, as set forth in Chapter 2.5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of
the Government Code, that has as one of its purposes the
construction of school facilities within a portion of the territory
of the school district or community college district, may proceed
under this chapter.
   (b) The boundaries of any school facilities improvement district
formed pursuant to this chapter shall include all of the portion of
the territory within the boundaries of the school district or
community college district that is not located within the boundaries
of the community facilities district as described in subdivision (a).
   (c) A school district or community college district may proceed
under this chapter without meeting the requirements of subdivisions
(a) and (b) if the governing board of the school district or
community college district determines that it is necessary and in the
best interest of the school district or community college district,
respectively, to form a school facilities improvement district
pursuant to this chapter to finance any or all of the improvements
set forth in Section 15302.  As a part of that determination, the
governing board of the school district or community college district
shall make a finding that the overall cost of financing the bonds
issued pursuant to this chapter would be less than the overall cost
of other school facilities financing options available to the school
district or community college district, including, but not limited
to, issuing bonds pursuant to the Mello-Roos Communities Facilities
Act of 1982 (Ch. 2.5 (commencing with Sec. 53311), Pt. 1, Div. 2,
Title 5, Gov. C.).  The governing board of the school district or
community college district proceeding under this subdivision shall
define the boundaries of the school facilities improvement district
to include any portion of territory within the jurisdiction of the
school district or community college district, except that the
boundaries may not include all or a portion of the territory of the
community facilities district described in subdivision (a).
   (d) The governing body of a school district or community college
district that proceeds under this chapter shall comply with the
filing requirements established by Section 54902 of the Government
Code.  Any plat or map that is filed pursuant to this subdivision
shall specifically identify any property, located within the school
district or community college district, that is not located within
the improvement district established by the school district or
community college district pursuant to this chapter.
15302.  General obligation bonds of the school facilities
improvement district may be issued for the following purposes, if the
purpose of the bonds is to benefit the land within the school
facilities improvement district consistent with any of the following:
   (a) To purchase real property upon which to construct school
facilities.
   (b) To build or purchase school facilities.
   (c) To make alterations or additions to the school facilities
other than those necessary for ordinary maintenance, operation, or
repairs.
   (d) To repair, restore, or rebuild any school facilities damaged,
injured, or destroyed by fire or other public calamity.
   (e) To supply playgrounds with furniture, equipment, or necessary
apparatus of a permanent nature.
   (f) To permanently improve school grounds.
   (g) To refund any valid outstanding indebtedness of the school
facilities improvement district that is evidenced by bonds.
   (h) To carry out the projects or purposes authorized in Section
39613.
   (i) To demolish or raze any school building with the intent to
replace it with another school building, whether in the same location
or in any other location.
15303.  This chapter shall not be operative in any county or
counties until the board of supervisors of either the county in which
the county superintendent of schools having jurisdiction over the
school district or community college district in which the school
facilities improvement district is located or, if a school facilities
improvement district lies in two or more counties, the board of
supervisors for those counties, by resolution adopted by a majority
vote of the board of supervisors, makes this chapter applicable in
the county or counties.


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