2005 California Education Code Sections 15340-15349.2 Article 4. General Provisions for Bond Elections

EDUCATION CODE
SECTION 15340-15349.2

15340.  (a) After adopting the resolution ordering the formation of
the school facilities improvement district, the governing board may
provide for and call a special bond election within the school
facilities improvement district to, or may at the next statewide
election, submit to the voters of the school facilities improvement
district a proposition of whether or not an indebtedness of the
district shall be incurred and bonds issued therefor in an amount not
exceeding the estimate stated in the resolution ordering the school
facilities improvement district formed.
   (b) The indebtedness and the bonds shall be payable from taxes to
be levied and collected upon lands located within the school
facilities improvement district.
15341.  Notwithstanding any other law, an election may not be held
pursuant to this chapter within 45 days before a statewide election
or within 45 days after a statewide election unless conducted at the
same time as the statewide election, subject to Part 3 (commencing
with Section 10400) of Division 10 of the Elections Code, or on an
established election date pursuant to Section 1000 of the Elections
Code.
15342.  Any one or more of the purposes enumerated in Section 15302,
except that of refunding any outstanding valid indebtedness of the
school facilities improvement district evidenced by bonds, may, by
order of the governing board of the school district or community
college district in which the school facilities improvement district
is located, be united and voted upon in a single proposition.
15343.  The election shall be conducted as provided in Chapter 3
(commencing with Section 5300) of Part 4 except as provided by each
of the following:
   (a) As otherwise provided in this chapter.
   (b) That the formal notice of the election shall contain and
specify, in addition to the items specified in Section 5361:
   (1) The purposes for which the bonds are to be issued.
   (2) The amount of the bonds.
   (3) The maximum rate of interest, not to exceed the maximum rate
of interest allowed by Article 5 (commencing with Section 15350).
   (4) The maximum number of years, not to exceed 25, not to exceed
which the bonds or any series thereof are to run.
   (c) No election shall be held under the provisions of this section
in any school facilities improvement district for a period of 90
days after an election in the same school facilities improvement
district.
15344.  Any election called pursuant to this chapter may be
consolidated with any other election pursuant to the provisions of
Part 2.5 (commencing with Section 23300) of Division 14 of the
Elections Code.
15345.  Any qualified elector who is a resident of the territory of
the school facilities improvement district may vote on the
proposition of issuing bonds of the school facilities improvement
district.
15346.  The words to appear upon the ballots shall be "Bonds--Yes"
and "Bonds--No," or words of similar import.  A brief statement of
the proposition, setting forth the amount of the bonds to be voted
upon, the maximum rate of interest, and the purposes for which the
proceeds of the sale of the bonds are to be used, shall be printed
upon the ballot.  No defect in the statement other than in the
statement of the amount of the bonds to be authorized shall
invalidate the bonds election.
15347.  Unless otherwise specified in this chapter, the form and
details of all ballots at school facilities improvement elections
shall comply with ballot provisions of Part 4 (commencing with
Section 2400) of the Government Code.
15348.  (a) The proposition shall be deemed approved upon approval
by two-thirds of the votes cast by voters voting on the proposition
of issuing bonds of the school facilities improvement district unless
subdivision (b) is applicable.
   (b) Alternatively, for a governing board of a school district or
community college district that proceeds pursuant to Chapter 1.5
(commencing with Section 15264) and subject to the requirements
therein on behalf of a school facilities improvement district that is
created by and under the exclusive authority of the school district
or community college district, as specified in Section 15359.3, the
proposition shall be deemed approved upon approval by 55 percent of
the votes cast by voters voting on the proposition of issuing bonds
of the school facilities improvement district.
15349.  If it appears from the certificate of election results that
two-thirds of the votes cast by the voters voting on the proposition
of issuing bonds of the school facilities improvement district are in
favor of issuing the bonds, the governing board of the school
district or community college district in which the school facilities
improvement district is located shall cause an entry of that fact to
be made upon its minutes.  The governing board of the school
district or community college district shall then certify to the
board of supervisors of the county whose superintendent of schools
has jurisdiction over the school district or community college
district, all proceedings had in the premises.  The county
superintendent of schools shall send a copy of the certificate of
election results to the board of supervisors of the county.
15349.1.  The proceedings relating to the authorization of bonds of
a school facilities improvement district that is located within a
joint school district of any type need be certified only to the board
of supervisors of the county whose superintendent of schools has
jurisdiction over the school district in which the school facilities
improvement district exists.  The board of supervisors may issue and
sell the bonds and no action of the board of supervisors of any other
county in which the school board is situated shall be required in
connection with the issuance and sale of the bonds, and the bonds
need not be signed by any officer of any other county.
15349.2.  No error, irregularity, or omission that does not affect
the substantial rights of the taxpayers within the school facilities
improvement district or the qualified electors voting at any election
at which bonds of any school facilities improvement district are
authorized to be issued shall invalidate the election or any bonds
authorized by that election.


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