15100-15111

EDUCATION CODE
SECTION 15100-15111




15100.  Except as otherwise provided by law, the governing board of
any school district or community college district may, when in its
judgment it is advisable, and shall, upon a petition of the majority
of the qualified electors residing in the school district or
community college district, order an election and submit to the
electors of the district the question whether the bonds of the
district shall be issued and sold for the purpose of raising money
for the following purposes:
   (a) The purchasing of school lots.
   (b) The building or purchasing of school buildings.
   (c) The making of alterations or additions to the school building
or buildings other than as may be necessary for current maintenance,
operation, or repairs.
   (d) The repairing, restoring, or rebuilding of any school building
damaged, injured, or destroyed by fire or other public calamity.
   (e) The supplying of school buildings and grounds with furniture,
equipment, or necessary apparatus of a permanent nature.
   (f) The permanent improvement of the school grounds.
   (g) The refunding of any outstanding valid indebtedness of the
district, evidenced by bonds, or of state school building aid loans.
   (h) The carrying out of the projects or purposes authorized in
Section 17577 or 81613.
   (i) The purchase of schoolbuses the useful life of which is at
least 20 years.
   (j) The demolition or razing of any school building with the
intent to replace it with another school building, whether in the
same location or in any other location.
   Any one or more of the purposes enumerated, except that of
refunding any outstanding valid indebtedness of the district
evidenced by bonds, may, by order of the governing board entered in
its minutes, be united and voted upon as one single proposition.



15100.5.  Except as otherwise provided by law, the governing board
of the Peralta Community College District may, when in its judgment
it is advisable, order the county superintendent of schools to call
an election to be conducted pursuant to this chapter and submit to
the electors of the district the question of whether the proceeds of
previously authorized but unissued bonds of the district may be used
for a purpose or purposes in addition to the purposes for which the
previously approved bonds were authorized by the electors.
   The governing board may, by order entered into its minutes, call
for an election to expand the purposes of prior authorized but
unissued bonds either as a single proposition on the ballot or
combined with the question of issuing new bonds of the district for
any purpose or purposes permitted by law.
   If two-thirds of the votes cast on the question of expanding the
purposes for which the proceeds of previously authorized but unissued
bonds of the district may be used, or the combined question of
expanding the purposes for which the proceeds of previously
authorized but unissued bonds of the district and issuing newly
authorized bonds of the district, are in favor of the proposition,
the district may use the proceeds of the previously authorized but
unissued bonds for the expanded purposes and may issue newly
authorized bonds, as the case may be.



15101.  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 or 1500 of the
Elections Code.



15101.75.  (a) This chapter shall apply to bond elections for and
the issuance of bonds for school facilities improvement districts
created pursuant to Chapter 2 (commencing with Section 15300) to the
extent that this chapter does not conflict with Chapter 2. In the
event of a conflict, the provisions of Chapter 2 shall supersede the
provisions of this chapter, but only to the extent of the conflict.
   (b) A bond adopted by the voters pursuant to this part prior to
January 1, 2008, shall be governed by this part as it read on
December 31, 2007.


15102.  The total amount of bonds issued pursuant to this chapter
and Chapter 1.5 (commencing with Section 15264) shall not exceed 1.25
percent of the taxable property of the school district or community
college district, or the school facilities improvement district, if
applicable, as shown by the last equalized assessment of the county
or counties in which the district is located. For purposes of this
section, the taxable property of a district for any fiscal year shall
be calculated to include, but not be limited to, the assessed value
of all unitary and operating nonunitary property of the district,
which shall be derived by dividing the gross assessed value of the
unitary and operating nonunitary property within the district for the
1987-88 fiscal year by the gross assessed value of all unitary and
operating nonunitary property within the county in which the district
is located for the 1987-88 fiscal year, and multiplying that result
by the gross assessed value of all unitary and operating nonunitary
property of the county on the last equalized assessment roll.



15103.  Notwithstanding any other provision of law, for the purpose
of computing the limit on the amount of bonds which may be issued by
a district pursuant to the provisions of this chapter, the taxable
property of the district shall be determined upon the basis that the
district's assessed value has not been reduced by the exemption of
the assessed value of business inventories in the district or reduced
by the homeowner's property tax exemption.



15105.  For the purpose of the provisions of Sections 15102 and
15106 which require that the valuation as shown on the last equalized
assessment roll be modified pursuant to Section 41201 or 84201, the
"current year" as used in Section 41201 or 84201 shall be deemed to
be the latest fiscal year for which there exists a last equalized
county assessment roll as ascertained in accordance with Chapter 3
(commencing with Section 2050) of Part 3 of Division 1 of the Revenue
and Taxation Code, and the term "two immediately preceding years"
shall be deemed to be the two fiscal years immediately preceding the
fiscal year for which the last equalized county assessment roll
exists. Whenever in any year it becomes necessary to determine the
modification under Sections 15102 and 15106, at a time between the
date when the assessment roll for that year becomes the last
equalized county assessment roll ascertained under Chapter 3 and the
date when the factor for the current year is certified and becomes
available, the factor for the current year shall be deemed to be
1.00.



15106.  A unified school district or community college district may
issue bonds that, in aggregation with bonds issued pursuant to
Section 15270, shall not exceed 2.5 percent of the taxable property
of the school district or community college district, or the school
facilities improvement district, if applicable, as shown by the last
equalized assessment of the county or counties in which the district
is located.
   In computing the outstanding bonded indebtedness of a unified
school district or community college district for all purposes of
this section, any outstanding bonds shall be deemed to have been
issued for elementary school purposes, high school purposes, and
community college purposes, respectively, in the respective amounts
that the proceeds of the sale of those outstanding bonds, excluding
any premium and accrued interest received on that sale, were or have
been allocated by the governing board of the unified school district
or community college district to each of those purposes respectively.
   (a) For the purposes of the State School Building Aid Law of 1952
(Chapter 6 (commencing with Section 16000)) with respect to
applications for apportionments and apportionments filed or made
prior to September 15, 1961, and to the repayment thereof, Chapter 4
(commencing with Section 15700), inclusive, only, a unified school
district shall be considered to have a bonding capacity in the amount
permitted by law for an elementary school district and a bonding
capacity in the amount permitted by law for a high school district.
   (b) For purposes of this section, the taxable property of a
district for a fiscal year shall be calculated to include, but not be
limited to, the assessed value of all unitary and operating
nonunitary property of the district, which shall be derived by
dividing the gross assessed value of the unitary and operating
nonunitary property within the district for the 1987-88 fiscal year
by the gross assessed value of all unitary and operating nonunitary
property within the county in which the district is located for the
1987-88 fiscal year, and multiplying the result by the gross assessed
value of all unitary and operating nonunitary property of the county
on the last equalized assessment roll. In the event of the
unification of two or more school districts or community college
districts subsequent to the 1987-88 fiscal year, the assessed value
of all unitary and operating nonunitary property of the unified
district or community college district shall be deemed to be the
total of the assessed value of the taxable property of each of the
unifying districts as that assessed value would be determined under
Section 15102.


15107.  In computing the limitation of indebtedness of a school
district, community college district, or school facilities
improvement district of any kind or class up to this time or in the
future formed or organized, hereinafter in this section referred to
as the "bonding district," the outstanding indebtedness of any
previously existing district all or any part of which forms a
component part of the bonding district and the outstanding
indebtedness of any district for which any territory that has become
a part of the bonding district is liable shall be excluded and shall
not be deemed, for the purposes of computing the limitation of
indebtedness under Section 15102 or 15106, to constitute outstanding
indebtedness of the bonding district, except to the extent that the
outstanding indebtedness has been expressly assumed by the bonding
district by vote of not less than two-thirds of the electors of the
bonding district voting at an election at which the proposition of
assuming the indebtedness is voted upon. Nothing contained in this
section shall operate to release any property from liability for
taxes to pay the principal and interest of indebtedness incurred by
any component district or for which any territory that has become a
part of the bonding district is liable and in which the taxable
property is located at the time of the incurring of the indebtedness.
It is the intent of the Legislature to provide in this section a
special method of computing the limitation of indebtedness of school
districts or community college districts irrespective of liability of
the area embraced within the school districts for the payment of any
bonded indebtedness. This section does not authorize the issuance of
bonds in excess of the limits expressed in Section 15334.5.



15108.  For the purpose of determining the limitation of
indebtedness of a school district, community college district, or
school facilities improvement district of any kind or class under
Section 15102 or 15106, that portion of the bonded indebtedness of
the district for which another district or territory in another
district is liable shall be excluded and shall not be deemed to
constitute outstanding bonded indebtedness of the district.



15109.  Where an elementary school district and a high school
district with a combined average daily attendance of 300,000 or more
are governed by the same governing board, and the pupils in grades
seven and eight in the districts are in attendance at high schools
maintained by the high school district, the governing board, by
resolution filed with the county auditor, may provide that the bond
issuance limitations determined under Section 15102 shall be adjusted
by reducing the bond issuance limitation of the elementary school
district by 1 percent of its total and by augmenting the bond
issuance limitation for the high school district by the amount by
which that of the elementary district was reduced.



15110.  An action to determine the validity of bonds and of the
ordering of the improvement or acquisition may be brought pursuant to
Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the
Code of Civil Procedure. In such action, all findings, conclusions
and determinations of the legislative body which conducted the
proceedings shall be conclusive in the absence of actual fraud.



15111.  The governing board of each school district or community
college district shall, within 30 days after the end of each fiscal
year, submit to the county superintendent of schools who has
jurisdiction over the school district or community college district a
report containing the following information, concerning any election
held pursuant to Sections 4152, 15120, 15121, and 16058 for the
approval of the issuance of bonds or the assumption of any bonded
indebtedness or other indebtedness:
   (1) The total amount of the bond issue, bonded indebtedness or
other indebtedness involved.
   (2) The percentage of registered electors of the district who
voted at the election.
   (3) The results of the election, with the percentage of votes cast
for and against the proposition involved.