Formation Of District - Bonds Of School Facilities Improvement Districts - CA Education

Section § 15320

This law specifies how a school district or community college district in California must declare its intention to form a school facilities improvement district. The governing board needs to pass a resolution outlining their plan, which includes why the district is needed, the estimated costs, and that only the lands within the district will be taxed to pay for bond financing. A map showing the district boundaries must be available for public inspection, and a public hearing must be arranged where interested parties can provide input.

Whenever the governing board of a school district or community college district meeting the requirements set forth in Section 15301 determines that a school facilities improvement district is necessary, the governing board shall adopt a resolution of intention that states all of the following:

(a) The intention of the governing board to form the proposed school facilities improvement district.

(b) The general purposes for which the proposed school facilities improvement district is to be formed.

(d) That any taxes levied for the purpose of financing the general obligation bonds issued to finance the project shall be levied exclusively upon the lands in the proposed school facilities improvement district.

(e) That a map showing the exterior boundaries of the proposed school facilities improvement district is on file with the governing board of the school district or community college district and is available for inspection by the public. The boundaries of the school facilities improvement district shall meet the requirements set forth in subdivision (b) of Section 15301.

(f) The time and place for a hearing by the governing board on the formation of the proposed school facilities improvement district.

(g) That any interested persons, including all persons owning lands in the school district or community college district, or in the proposed school facilities improvement district, may appear and be heard.

school facilities improvement governing board resolution intention to form district general purposes estimated project cost tax levy bond financing district boundaries map public inspection public hearing interested persons landowners input

(Amended by Stats. 2007, Ch. 670, Sec. 11. Effective January 1, 2008.)

Section § 15321

This law states that before a hearing, an announcement needs to be made public by putting a notice in a widely-read local newspaper in each county involved. This notice should include details about the intention to hold the hearing and must be published at least 14 days before the hearing date. No other form of notice is necessary.

Notice of the hearing shall be given by publishing a copy of the resolution of intention in a newspaper of general circulation published in each affected county, pursuant to Section 6066 of the Government Code, the first publication shall be at least 14 days prior to the time fixed for the hearing. No notice other than that required by this section need be given.

notice of hearing publication requirement newspaper of general circulation affected counties resolution of intention Section 6066 Government Code 14 days prior hearing announcement local newspaper notice

(Amended by Stats. 2007, Ch. 670, Sec. 12. Effective January 1, 2008.)

Section § 15322

The school or community college district's governing board must hold a hearing as planned. During this hearing, anyone with an interest, like landowners in the district, can speak about the subjects mentioned in the resolution of intention.

The governing board of the school district or community college district shall hold the hearing provided for by resolution of intention at the time and place fixed by that resolution. Any interested person, including, but not limited to, all persons owning land in the school district, or in the proposed school facilities improvement district or community college district, may appear and be heard concerning any matters set forth in the resolution of intention.

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(Repealed and added by Stats. 1997, Ch. 893, Sec. 14. Effective January 1, 1998.)

Section § 15323

This section explains that during a hearing, a school or community college district's governing board can decide to make changes to their previous plans. They can introduce a resolution to outline these changes, explaining what they are and whether there's any change in the expected costs. They also need to schedule another hearing to discuss these modifications.

At the hearing, the governing board of the school district or community college district may adopt a resolution proposing modifications, consistent with Section 15302, of the purpose stated in the resolution of intention. A resolution proposing modifications shall describe the proposed modifications, state the change, if any, in the estimated cost of carrying out the purpose, and shall fix a time and place for the hearing by the governing board.

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(Amended by Stats. 2007, Ch. 670, Sec. 13. Effective January 1, 2008.)

Section § 15324

If a school or community college district wants to change a previously announced plan, they must publish their proposal for these changes in the same newspaper where the original plan was published, at least 14 days before a public hearing about the changes.

The governing board of the school district or community college district shall publish the resolution proposing the modifications to the resolution of intention once in the same newspaper in which the resolution of intention was published at least 14 days prior to the date of hearing on the proposed modifications.

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(Repealed and added by Stats. 1997, Ch. 893, Sec. 18. Effective January 1, 1998.)

Section § 15325

This law says that if there are any changes proposed, they can be discussed at the same time and place as another ongoing hearing about the original plan, allowing both to happen together.

The hearing on any proposed modifications may be held at the same time and place as any continued hearing on the resolution of intention and both hearings may be held and conducted concurrently.

proposed modifications hearing resolution of intention concurrent hearings time and place continued hearing modifications planning process meeting schedule coordination of hearings

(Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)

Section § 15326

This law explains the process after a hearing regarding forming a school facilities improvement district. After the hearing, the school board can officially form the district by passing a resolution. This resolution must include the boundaries of the district, the estimated cost of improvements, and a formal name for the district.

At the conclusion of the hearing on the resolution of intention and of the hearing, if any, upon proposed modifications, the governing board may by resolution order the school facilities improvement district formed for the purpose and with the boundaries described in the resolution of intention, and, if relevant, the resolution proposing modifications. The resolution ordering the school facilities improvement district formed shall state the estimated cost of carrying out the purpose described in the resolution. The resolution shall also number and designate the school facilities improvement district substantially as “School Facilities Improvement District of the ____ School District” or “School Facilities Improvement District of the ____ Community College District.”

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(Repealed and added by Stats. 1997, Ch. 893, Sec. 20. Effective January 1, 1998.)

Section § 15326.5

This law allows the governing board of a school facilities improvement district to modify an existing decision related to the district's objectives and projects, including changing the amount of bonds that can be issued. However, these bonds must align with what voters have already approved in a specific proposal.

The governing board may amend a previously adopted resolution ordering the formation of a school facilities improvement district to change or add to the purposes for which the school facilities improvement district is formed and the projects to be financed and to increase or decrease the amount of bonds that may be issued for those purposes. Bonds may be issued only for the purposes stated in, and in an amount not exceeding the amount stated in, a proposition submitted to and approved by the voters of the school facilities improvement district.

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(Added by Stats. 2007, Ch. 670, Sec. 14. Effective January 1, 2008.)

Section § 15327

This law states that the school district or community college board has the same authority and responsibilities in managing a school facilities improvement district as they do with their own district. Essentially, whatever powers they have to run their district, they also have to manage the improvement district.

The governing board of the school district or community college district in which a school facilities improvement district has been formed shall have the same rights, powers, duties and responsibilities with respect to the formation and government of school facilities improvement district as the governing board has with respect to the school district or community college district.

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(Repealed and added by Stats. 1997, Ch. 893, Sec. 22. Effective January 1, 1998.)