25350-25376
GOVERNMENT CODE
SECTION 25350-25376
25350. No purchase of real property, including any water right or
other interest therein, of which the purchase price is in excess of
the dollar limit established by ordinance adopted pursuant to Section
25350.60, or, if no ordinance is adopted, in excess of fifty
thousand dollars ($50,000), shall be made unless a notice of the
intention of the board of supervisors or, if applicable, the county
officer authorized to purchase real property pursuant to Section
25350.60, to make the purchase is published in the county pursuant to
Section 6063. If no newspaper is published in the county, the notice
shall be posted at least three weeks prior to the time the board
meets to consummate the purchase in at least three public places in
each supervisorial district. The notice shall contain a description
of the property proposed to be purchased, the price, the vendor, and
a statement of the time the board will meet to consummate the
purchase.
Nothing contained in this section shall be deemed to preclude the
settlement of an action in eminent domain or the acquisition of any
real property or interest therein for the uses and purposes of county
highways without compliance with this section.
25350.1. (a) Nothing in this chapter limits, restricts, or
prohibits a county from complying with Article 8 (commencing with
Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and
Section 65402.
(b) This section does not constitute a change in, but is
declaratory of, existing law.
25350.5. The board of supervisors of any county may acquire by
eminent domain any property necessary to carry out any of the powers
or functions of the county.
25350.51. (a) The board may, by ordinance or resolution, delegate
to the purchasing agent or other appropriate county official, subject
to any rules and regulations as it may impose, the following
authority:
(1) To lease real property for use by the county or to obtain the
use of real property for the county by license for a term not to
exceed five years and for a rental not to exceed seven thousand five
hundred dollars ($7,500) per month.
(2) To amend real property leases or licenses for improvements or
alterations, or both, with a total cost not to exceed seven thousand
five hundred dollars ($7,500), provided that the amendment does not
extend the term of the lease or license and that no more than two
amendments, not to exceed seven thousand five hundred dollars
($7,500) each, are made within a 12-month period.
(b) Notice of intention to consummate the lease or license shall
be posted in a public place for five working days prior to
consummation of the lease or license. The notice shall describe the
property proposed to be leased or licensed, the terms of the lease or
license, and any county officer authorized to execute the lease or
license.
25350.55. (a) Prior to entering into an agreement to finance the
lease or lease-purchase of property through the execution and
delivery or issuance, as the case may be, of certificates of
participation or lease revenue bonds, the board may elect, by
resolution, to guarantee payment under that financing agreement in
accordance with the following:
(1) A county that elects to participate under this section shall
provide notice to the Controller of that election, which shall
include a schedule for the payments to be made by the county under
that financing agreement, and identify a trustee appointed by the
county for the purposes of this section.
(2) In the event that, for any reason, the funds otherwise
available to the county will not be sufficient to make any payment
under the financing agreement at the time that payment is required,
the county shall so notify the trustee. The trustee shall immediately
communicate that information to the affected holders of certificates
of participation or bondholders, and to the Controller.
(3) When the Controller receives notice from the trustee as
described in paragraph (2), or the county fails to make any payment
under the financing agreement at the time that payment is required,
the Controller shall make an apportionment to the trustee in the
amount of that required payment for the purpose of making that
payment. The Controller shall make that payment only from funds
received from the county auditor pursuant to paragraph (4).
(4) If either of the circumstances set forth in paragraphs (2) and
(3) occur, the county shall immediately notify the county auditor
and deliver to the county auditor a duly certified copy of the
resolution of the board of supervisors adopted pursuant to Section
29530.5. The county auditor shall reduce the vehicle license fee
adjustment amount set forth in Section 97.70 of the Revenue and
Taxation Code and transmit those funds to the Controller to the
extent necessary to make the payments required by paragraphs (2) and
(3).
(5) As an alternate to the procedure set forth in paragraphs (2)
and (3), the board of supervisors may provide a transfer schedule in
a notice to the Controller of its election to participate under this
section. The transfer schedule shall set forth amounts to be
transferred to the trustee and the date or dates for the transfers
and the Controller shall, subject to the limitation in the second
sentence of paragraph (3), make apportionments to the trustee in
those amounts on the specified date or dates for the purpose of
making those transfers.
(6) In the event that for any reason, the county is no longer
obligated for any period to make all or a portion of the payments
with respect to the lease or lease-purchase financed through the
execution and delivery, or issuance, as the case may be, of
certificates of participation or lease revenue bonds, the trustee
shall notify the affected holders of certificates of participation or
bondholders. The trustee shall also notify the Controller. Upon
receipt of the notification, the Controller shall cease making the
transfers. If after giving notice, the obligation of the county to
make payments with respect to a lease or lease-purchase financed
through the execution and delivery or issuance, as the case may be,
of certificates of participation or lease revenue bonds is restored,
the trustee shall so notify the affected holders of certificates of
participation or bondholders and the Controller. Upon receipt of the
notification, the Controller shall resume making the transfers.
(b) This section shall not be construed to obligate the State of
California to make any payment to a county from the Motor Vehicle
License Fee Account in the Transportation Tax Fund in any amount or
pursuant to any particular allocation formula, or to make any other
payment to a county, including, but not limited to, any payment in
satisfaction of any debt or liability incurred or guaranteed by a
county in accordance with this section.
25350.6. (a) Moneys credited to the Motor Vehicle License Fee
Account in the Transportation Tax Fund or allocated to the Vehicle
License Fee Property Tax Compensation Fund of the County of Orange
pursuant to paragraph (2) of subdivision (a) of Section 97.70 of the
Revenue and Taxation Code to which Orange County may at any time be
entitled shall be pledged, without any necessity for specific
authorization of the pledge by the board of supervisors, to all
certificates of participation or lease-revenue bonds executed and
delivered or issued, as the case may be, during 1996 or 1997,
including obligations executed and delivered or issued before 2010 to
refund those certificates of participation or lease-revenue bonds,
to finance or refinance the lease or lease-purchase of property of
the county and having a stated maturity of 20 years or more. Any
refunding obligations shall not have a final maturity later than the
final maturity of the refunded obligations. The amount so pledged
with respect to any fiscal year of the county shall not exceed the
amounts to be paid in that fiscal year on those certificates or
lease-revenue bonds.
(b) The state hereby covenants with the holders of any
certificates of participation or lease-revenue bonds, including
refunding obligations, entitled to the pledge granted by this section
that, as long as any of the certificates of participation or
lease-revenue bonds entitled to the pledge granted by this section
shall remain outstanding, the state shall not alter or amend the
deposit of moneys into, or the allocation of moneys credited to, the
Motor Vehicle License Fee Account in the Transportation Tax Fund
under Chapter 5 (commencing with Section 11001) of Part 5 of Division
2 of the Revenue and Taxation Code or the allocation of moneys to
and from the Vehicle License Fee Property Tax Compensation Fund of
the County of Orange under Section 97.70 of the Revenue and Taxation
Code in any manner that would adversely affect the security of, or
the ability of the county to pay the principal of and interest on,
the certificates of participation or lease-revenue bonds entitled to
the pledge granted by this section. However, nothing precludes any
alteration or amendment if and when adequate provision has been made
by law for the protection from impairment of the contract represented
by the certificates of participation or lease-revenue bonds, and the
right to so alter or amend is hereby reserved. The County of Orange
may include this covenant of the state in the agreements or other
documents underlying the certificates of participation or
lease-revenue bonds.
25350.60. (a) The board of supervisors of a county may, by
ordinance, authorize a county officer it deems appropriate to perform
any or all acts necessary to approve and accept for the county the
acquisition of any interest in real property.
(b) The authorization shall specify procedures for the exercise of
the authority by the officer so designated and shall establish a
dollar limit on any purchase price.
(c) A county officer's authority granted by ordinance under this
section may not be effective for more than five years.
25350.7. (a) Prior to entering into an agreement to finance the
lease or lease-purchase of property through the execution and
delivery or issuance, as the case may be, of certificates of
participation or lease revenue bonds, the board of supervisors of the
County of Orange may elect, by resolution, to guarantee payment
under that financing agreement in accordance with the following:
(1) If the county elects to participate under this section, it
shall provide notice to the Controller of that election, and the
notice shall include a schedule for the payments to be made by the
county under that financing agreement and identify a trustee
appointed by the county for the purpose of this section.
(2) In the event that, for any reason, the funds available to the
county will not be sufficient to make any payment under the financing
agreement at the time that payment is required, the county shall so
notify the trustee and deliver to the Controller a duly certified
copy of the resolution of its board of supervisors adopted pursuant
to Section 29530.5. The trustee shall immediately communicate that
information to the affected holders of certificates of participation
or bondholders and to the Controller.
(3) When the Controller receives notice from the trustee, and a
copy of the resolution from the county, as described in paragraph
(2), or, after having adopted the resolution specified in paragraph
(2), the county fails to make any payment under the financing
agreement at the time that payment is required, the Controller shall
make an apportionment to the trustee in the amount of that required
payment for the purpose of making that payment. The Controller shall
make that payment only from moneys to be transmitted to the county by
the State Board of Equalization under Section 7204 of the Revenue
and Taxation Code, that are derived from that portion of the sales
and use taxes imposed by the county in excess of 1 percent, pursuant
to Part 1.5 (commencing with Section 7200) of Division 2 of the
Revenue and Taxation Code, and that are permitted to be deposited in
the general fund of the county pursuant to Section 29530.5. The
Controller shall thereupon reduce, by the amount of the payment, the
subsequent amounts to which the county would be entitled under that
section.
(b) As an alternative to the procedure set forth in paragraphs (2)
and (3) of subdivision (a), the board of supervisors may, on or
after the date of adoption by the board of the resolution specified
in Section 29530.5, provide a transfer schedule in a notice to the
Controller of its election to participate under this section. The
transfer schedule shall set forth the amounts to be transferred to
the trustee and the date or dates for the transfers, and the
Controller shall, subject to the limitations in the second and third
sentences of paragraph (3) of subdivision (a), make apportionments to
the trustee in those amounts on the specified date or dates for the
purpose of making those transfers.
(c) In the event that, for any reason, the county is no longer
obligated, for any period, to make all or a portion of the payments
with respect to the lease or lease-purchase financed through the
execution and delivery or issuance, as the case may be, of
certificates of participation or lease revenue bonds, the trustee
shall so notify the affected holders of certificates of participation
or bondholders and the Controller. Upon receipt of the notification,
the Controller shall cease making the transfers. If, after the
giving of the notice, the obligation of the county to make payments
with respect to the lease or lease-purchase financed through the
execution and delivery or issuance of certificates of participation
or lease revenue bonds is restored, the trustee shall so notify the
affected holders of certificates of participation or bondholders and
the Controller. Upon receipt of the notification, the Controller
shall resume making the transfers.
(d) Any election made by the county pursuant to this section shall
be in addition to any other election made by the county pursuant to
any other applicable provision of law to guarantee the obligation of
the county to make payments with respect to the lease or
lease-purchase of property financed through the certificates of
participation or lease revenue bonds.
25350.75. (a) Prior to entering into an agreement to finance the
lease or lease-purchase of property through the execution and
delivery or issuance, as the case may be, of certificates of
participation or lease revenue bonds, or at any time with respect to
a financing agreement with respect to which an election has been made
under Section 25350.7, the board of supervisors of a county of the
second class may elect, by resolution, to guarantee payment under
that financing agreement in accordance with the following:
(1) If the county elects to participate under this section, it
shall provide notice to the Controller of that election, and the
notice shall include a schedule for the payments to be made by the
county under that financing agreement and identify a trustee
appointed by the county for the purpose of this section.
(2) In the event that, for any reason, the funds available to the
county will not be sufficient to make any payment under the financing
agreement at the time that payment is required, the county shall so
notify the trustee and deliver to the Controller a duly certified
copy of the resolution of its board of supervisors adopted pursuant
to Section 29530.6. The trustee shall immediately communicate that
information to the affected holders of certificates of participation
or bondholders and the Controller.
(3) When the Controller receives notice from the trustee, and a
copy of the resolution from the county, as described in paragraph
(2), or, after having adopted the resolution specified in paragraph
(2), the county fails to make any payment under the financing
agreement at the time that payment is required, the Controller shall
make an apportionment to the trustee in the amount of that required
payment for the purposes of making that payment. The Controller shall
make that payment only from moneys to be transmitted to the county
by the State Board of Equalization under Section 7204 of the Revenue
and Taxation Code, that are derived from that portion of the sales
and use taxes imposed by the county in excess of 1 percent pursuant
to Part 1.5 (commencing with Section 7200) of Division 3 of the
Revenue and Taxation Code, and that are permitted to be deposited in
the general fund of the county pursuant to Section 29530.6. The
Controller shall thereupon reduce, by the amount of the payment, the
subsequent amounts to which the county would be entitled under that
section.
(b) As an alternative to the procedure set forth in paragraphs (2)
and (3) of subdivision (a), the board of supervisors of a county of
the second class may, on or after the date of adoption by the board
of the resolution specified in Section 29530.6, provide a transfer
schedule in a notice to the Controller and the State Board of
Equalization of its election to participate under this section. The
transfer schedule shall set forth the amounts to be transferred to
the trustee and the date or dates for the transfers, and the
Controller shall, subject to the limitation in the second and third
sentences of paragraph (3) of subdivision (a), make apportionments to
the trustee in those amounts on the specified date or dates for the
purpose of making those transfers.
(c) If a county of the second class is no longer obligated for any
period to make all or a portion of the payments with respect to the
lease or lease-purchase financed through the execution and delivery
or issuance, as the case may be, of certificates of participation or
lease revenue bonds, the trustee shall so notify the affected holders
of certificates of participation or bondholders, the Controller, and
the State Board of Equalization. Upon receipt of the notification,
the Controller shall cease making the transfers. If, after the giving
of the notice, the obligation of the county to make payments with
respect to the lease or lease-purchase financed through the execution
and delivery or issuance of certificates of participation or lease
revenue bonds is restored, the trustee shall so notify the affected
holders of certificates of participation or bondholders, the
Controller, and the State Board of Equalization. Upon receipt of the
notification, the Controller shall resume making the transfers.
(d) Any election made by a county of the second class pursuant to
this section shall be in addition to any other election made by the
county pursuant to any other applicable provision of law to guarantee
the obligation of the county to make payments with respect to the
lease or lease-purchase of property financed through certificates of
participation or lease revenue bonds.
25350.8. (a) Taxes collected by the State Board of Equalization
pursuant to Section 7204 of the Revenue and Taxation Code, that are
derived from that portion of the taxes imposed by the County of
Orange in excess of 1 percent, and for the period beginning on and
after July 1, 2004, and ending when the rate modifications in
subdivision (a) of Section 7203.1 of the Revenue and Taxation Code
cease to apply, that are derived from that portion of the taxes
imposed by that county in excess of one-half of 1 percent, pursuant
to Part 1.5 (commencing with Section 7200) of Division 2 of the
Revenue and Taxation Code, and that are permitted to be deposited to
the general fund of the county pursuant to paragraph (1) of
subdivision (a) of Section 29530.5 shall be pledged, without the
necessity for specific authorization of the pledge by the board of
supervisors, to all certificates of participation or lease revenue
bonds executed and delivered or issued, as the case may be, during
the years 1996 and 1997, including obligations executed and delivered
or issued before 2010, to refund those certificates of participation
or lease revenue bonds, to finance or refinance the lease or
lease-purchase of property of the county and having a stated maturity
of 20 years or more. Any refunding obligations may not have a final
maturity later than the final maturity of the refunded obligations.
The amount so pledged with respect to any fiscal year of the county
may not exceed the amounts to be paid in that fiscal year on those
certificates or lease revenue bonds.
(b) The pledge of taxes pursuant to this section shall constitute
a contract between the County of Orange and the owners of any of the
certificates of participation or lease revenue bonds and shall be
protected from impairment by the United States and California
Constitutions. The state hereby covenants with the owners of any
certificates of participation or lease revenue bonds entitled to the
pledge granted by this section that, as long as any of the
certificates of participation or lease revenue bonds entitled to the
pledge granted by this section shall remain outstanding, (1) the
provisions of Section 7202 that authorize the imposition of the taxes
may not be repealed and (2) the provisions of paragraph (1) of
subdivision (a) of Section 29530.5 may not be repealed prior to July
1, 2011, nor may either section be altered or amended in any manner
that would adversely affect the security of, or the ability of the
county to pay, the principal of and interest on the certificates of
participation or lease revenue bonds entitled to the pledge granted
by this section. However, nothing precludes any alteration or
amendment if and when adequate provision has been made by law for the
protection from impairment of the contract represented by the
certificates of participation or lease revenue bonds, and the right
to so alter or amend is hereby reserved. The county may include this
covenant of the state in the agreements or other documents underlying
the certificates of participation or lease revenue bonds.
25350.85. (a) Taxes collected by the State Board of Equalization
pursuant to Section 7204 of the Revenue and Taxation Code, that are
derived from that portion of the taxes imposed by a county of the
second class in excess of 1 percent, and for the period beginning on
and after July 1, 2004, and ending when the rate modifications in
subdivision (a) of Section 7203.1 of the Revenue and Taxation Code
cease to apply, that are derived from that portion of the taxes
imposed by that county in excess of one-half of 1 percent, pursuant
to Part 1.5 (commencing with Section 7200) of Division 2 of the
Revenue and Taxation Code, and that are permitted to be deposited in
the general fund of a county pursuant to paragraph (1) of subdivision
(a) of Section 29530.6 shall be pledged, without the necessity for
specific authorization of the pledge by the board of supervisors, to
all certificates of participation or lease revenue bonds executed and
delivered or issued, as the case may be, during the year 1996,
including obligations executed and delivered or issued before 2010 to
refund those certificates of participation or lease revenue bonds,
to finance or refinance the lease or lease-purchase of property of
the county and having a stated maturity of 20 years or more. Any
refunding obligations may not have a final maturity later than the
final maturity of the refunded obligations. The amount so pledged
with respect to any fiscal year of the county may not exceed the
amount to be paid in that fiscal year on those certificates or lease
revenue bonds.
(b) The pledge of taxes pursuant to this section shall constitute
a contract between a county of the second class and the owners of any
of the certificates of participation or lease revenue bonds and
shall be protected from impairment by the United States and
California Constitutions. The state hereby covenants with the owners
of any certificates of participation or lease revenue bonds entitled
to the pledge granted by this section that, so long as any of the
certificates of participation or lease revenue bonds entitled to the
pledge granted by this section shall remain outstanding, (1) the
provisions of Section 7202 that authorize the imposition of the taxes
may not be repealed and (2) the provisions of paragraph (1) of
subdivision (a) of Section 29530.6 may not be repealed prior to July
1, 2011, nor may either section be altered or amended prior to that
date in any manner that would adversely affect the security of, or
the ability of the county to pay, the principal of and interest on
the certificates of participation or lease revenue bonds entitled to
the pledge granted by this section. However, nothing precludes any
alteration or amendment if and when adequate provision has been made
by law for the protection from impairment of the contract represented
by the certificates of participation or lease revenue bonds, and the
right to so alter or amend is hereby reserved. The county may
include this covenant of the state in the agreements or other
documents underlying the certificates of participation or lease
revenue bonds.
25350.9. (a) Prior to entering into an agreement to finance the
lease or lease-purchase of property through the execution and
delivery or issuance, as the case may be, of certificates of
participation or lease revenue bonds, the Board of Supervisors of the
County of Orange may elect, by resolution, to guarantee payment
under that financing agreement in accordance with the following:
(1) If the county elects to participate under this section, it
shall provide notice to the Controller of that election, and the
notice shall include a schedule for the payments to be made by the
county under that financing agreement and identify a trustee
appointed by the county for the purpose of this section.
(2) In the event that, for any reason, the funds available to the
county will not be sufficient to make any payment under the financing
agreement at the time that payment is required, the county shall so
notify the trustee. The trustee shall immediately communicate that
information to the affected holders of certificates of participation
or bondholders and to the Controller.
(3) When the Controller receives notice from the trustee as
specified in paragraph (2) or the county fails to make any payment
under the financing agreement at the time that payment is required,
the Controller shall make an apportionment to the trustee in the
amount of that required payment for the purpose of making that
payment. The Controller shall make that payment only from moneys to
be transmitted to the county by the State Board of Equalization under
Section 7204 of the Revenue and Taxation Code, that are derived from
that portion of the sales and use taxes imposed by the county
pursuant to Part 1.5 (commencing with Section 7200) of Division 2 of
the Revenue and Taxation Code, other than that portion of the taxes
described in Section 29530.5, and shall thereupon reduce, by the
amount of the payment, the subsequent amounts to which the county
would be entitled under that section.
(b) As an alternative to the procedure set forth in paragraphs (2)
and (3) of subdivision (a), the board of supervisors of the county
may provide a transfer schedule in a notice to the Controller of its
election to participate under this section. The transfer schedule
shall set forth amounts to be transferred to the trustee and the date
or dates for the transfers and the Controller shall, subject to the
limitation in the second sentence of paragraph (3) of subdivision
(a), make apportionments to the trustee in those amounts on the
specified date or dates for the purpose of making those transfers.
(c) If the county is no longer obligated for any period to make
all or a portion of the payments with respect to the lease or
lease-purchase financed through the execution and delivery or
issuance, as the case may be, of certificates of participation or
lease revenue bonds, the trustee shall so notify the affected holders
of certificates of participation or bondholders and the Controller.
Upon receipt of the notification, the Controller shall cease making
the transfers. If, after the giving of the notice, the obligation of
the county to make payments with respect to the lease or
lease-purchase financed through the execution and delivery or
issuance of certificates of participation or lease revenue bonds is
restored, the trustee shall so notify the affected holders of
certificates of participation or bondholders and the Controller. Upon
receipt of the notification, the Controller shall resume making the
transfers.
(d) Any election made by the county pursuant to this section shall
be in addition to any other election made by the county pursuant to
any other applicable provision of law to guarantee the obligation of
the county to make payments with respect to the lease or
lease-purchase of property financed through certificates of
participation or lease revenue bonds.
25350.95. (a) Prior to entering into an agreement to finance the
lease or lease-purchase of property through the execution and
delivery or issuance, as the case may be, of certificates of
participation or lease revenue bonds, or at any time with respect to
a financing agreement with respect to which an election has been made
under Section 25350.9, the board of supervisors of a county of the
second class may elect, by resolution, to guarantee payment under
that financing agreement in accordance with the following:
(1) If a county elects to participate under this section, it shall
provide notice to the Controller of that election, and the notice
shall include a schedule for the payments to be made by the county
under that financing agreement and identify a trustee appointed by
the county for the purpose of this section.
(2) In the event that, for any reason, the funds available to the
county will not be sufficient to make any payment under the financing
agreement at the time that payment is required, the county shall so
notify the trustee. The trustee shall immediately communicate that
information to the affected holders of certificates of participation
or bondholders and to the Controller.
(3) When the Controller receives notice from the trustee as
specified in paragraph (2) or the county fails to make any payment
under the financing agreement at the time that payment is required,
the Controller shall make an apportionment to the trustee in the
amount of that required payment for the purpose of making that
payment. The Controller shall make that payment only from moneys to
be transmitted to the county by the State Board of Equalization under
Section 7204 of the Revenue and Taxation Code, that are derived from
that portion of the sales and use taxes imposed by the county
pursuant to Part 1.5 (commencing with Section 7200) of Division 2 of
the Revenue and Taxation Code, other than the portion of the taxes
described in Section 29530.6, and shall thereupon reduce, by the
amount of the payment, the subsequent amounts to which the county
would be entitled under that section.
(b) As an alternative to the procedure set forth in paragraphs (2)
and (3) of subdivision (a), the board of supervisors of a county may
provide a transfer schedule in a notice to the Controller and the
State Board of Equalization of its election to participate under this
section. The transfer schedule shall set forth amounts to be
transferred to the trustee and the date or dates for the transfers
and the Controller shall, subject to the limitation in the second
sentence of paragraph (3) of subdivision (a), make apportionments to
the trustee in those amounts on the specified date or dates for the
purpose of making those transfers.
(c) If the county is no longer obligated for any period to make
all or a portion of the payments with respect to the lease or
lease-purchase financed through the execution and delivery or
issuance, as the case may be, of certificates of participation or
lease revenue bonds, the trustee shall so notify the affected holders
of certificates of participation or bondholders, the Controller, and
the State Board of Equalization. Upon receipt of the notification,
the Controller shall cease making the transfers. If after the giving
of the notice, the obligation of the county to make payments with
respect to the lease or lease-purchase financed through the execution
and delivery or issuance of certificates of participation or lease
revenue bonds is restored, the trustee shall so notify the affected
holders of certificates of participation or bondholders, the
Controller, and the State Board of Equalization. Upon receipt of the
notification, the Controller shall resume making the transfers.
(d) Any election made by a county of the second class pursuant to
this section shall be in addition to any other election made by the
county pursuant to any other applicable provision of law to guarantee
the obligation of the county to make payments with respect to the
lease or lease-purchase of property financed through certificates of
participation or lease revenue bonds.
25350.10. (a) Taxes collected by the State Board of Equalization
pursuant to Section 7204 of the Revenue and Taxation Code, that are
derived from the taxes imposed by the County of Orange pursuant to
Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue
and Taxation Code, other than that portion of those taxes specified
in Section 29530.5, and any moneys allocated from the Sales and Use
Tax Compensation Fund to the County of Orange pursuant to Section
97.68 of the Revenue and Taxation Code, shall be pledged, without the
necessity for specific authorization of the pledge by the board of
supervisors, to all certificates of participation or lease revenue
bonds executed and delivered or issued, as the case may be, during
the years 1996 and 1997, including obligations executed and delivered
or issued before 2010, to refund those certificates of participation
or lease revenue bonds, to finance or refinance the lease or
lease-purchase of property of the county and having a stated maturity
of 20 years or more. Any refunding obligations may not have a final
maturity later than the final maturity of the refunded obligations.
The amount so pledged with respect to any fiscal year of the county
may not exceed the amounts to be paid in the fiscal year on those
certificates or lease revenue bonds.
(b) The pledge of taxes pursuant to this section shall constitute
a contract between the county and the owners of any of the
certificates of participation or lease revenue bonds and shall be
protected from impairment by the United States and California
Constitutions. The state hereby covenants with the owners of any
certificates of participation or lease revenue bonds entitled to the
pledge granted by this section that, as long as any of the
certificates of participation or lease revenue bonds entitled to the
pledge granted by this section shall remain outstanding, the
provisions of Section 7202 of the Revenue and Taxation Code that
authorize the imposition of the taxes may not be repealed. That
section may not be altered or amended in any manner that would
adversely affect the security of, or the ability of the county to
pay, the principal of and interest on the certificates of
participation or lease revenue bonds entitled to the pledge granted
by this section. However, nothing precludes any alteration or
amendment if and when adequate provision has been made by law for the
protection from impairment of the contract represented by the
certificates of participation or lease revenue bonds, and the right
to so alter or amend is hereby reserved. The county may include this
covenant of the state in the agreements or other documents underlying
the certificates of participation or lease revenue bonds.
25350.105. (a) Taxes collected by the State Board of Equalization
pursuant to Section 7204 of the Revenue and Taxation Code, that are
derived from the taxes imposed by a county of the second class
pursuant to Part 1.5 (commencing with Section 7200) of Division 2 of
the Revenue and Taxation Code, other than that portion of those taxes
specified in Section 29530.6, and any moneys allocated from the
Sales and Use Tax Compensation Fund to the county of the second class
pursuant to Section 97.68 of the Revenue and Taxation Code, shall be
pledged, without the necessity for specific authorization of the
pledge by the board of supervisors, to all certificates of
participation or lease revenue bonds executed and delivered or
issued, as the case may be, during the year 1996, including
obligations executed and delivered or issued before 2010 to refund
those certificates of participation or lease revenue bonds, to
finance the lease or lease-purchase of property of the county and
having a stated maturity of 20 years or more. Any refunding
obligation may not have a final maturity later than the final
maturity of the refunded obligations. The amount so pledged with
respect to any fiscal year of the county may not exceed the amounts
to be paid in the fiscal year on those certificates or lease revenue
bonds.
(b) The pledge of taxes pursuant to this section shall constitute
a contract between the county and the owners of any of the
certificates of participation or lease revenue bonds and shall be
protected from impairment by the United States and California
Constitutions. The state hereby covenants with the owners of any
certificates of participation or lease revenue bonds entitled to the
pledge granted by this section that, as long as any of the
certificates of participation or lease revenue bonds entitled to the
pledge granted by this section shall remain outstanding, the
provisions of Section 7202 of the Revenue and Taxation Code that
authorize the imposition of the taxes may not be repealed. However,
nothing precludes any alteration or amendment if and when adequate
provision has been made by law for the protection from impairment of
the contract represented by the certificates of participation or
lease revenue bonds, and the right to so alter or amend is hereby
reserved. The county may include this covenant of the state in the
agreements or other documents underlying the certificates of
participation or lease revenue bonds.
25350.11. Notwithstanding any other provisions of this chapter, the
sum of the amounts pledged with respect to any fiscal year pursuant
to Sections 25350.6, 25350.8, and 25350.10 shall not exceed the
amounts to be paid in that fiscal year on the certificates of
participation or lease revenue bonds entitled to the pledge described
in those sections.
25350.115. Notwithstanding any other provisions of this chapter,
the sum of the amounts pledged with respect to any fiscal year
pursuant to Sections 25350.6, 25350.85, and 25350.105 shall not
exceed the amounts to be paid in that fiscal year on the certificates
of participation or lease revenue bonds entitled to the pledge
described in those sections.
25351. (a) The board may construct, expand, lease, build, rebuild,
furnish, refurnish, or repair buildings for a hospital, almshouse,
courthouse, jail, historical museum, aquarium, library, art gallery,
art institute, exposition building for exhibiting and advertising
farming, mining, manufacturing, livestock raising, and other
resources of the county, stadium, coliseum, sports arena, or sports
pavilion or other building for holding sports events, athletic
contests, contests of skill, exhibition, spectacles and other public
meetings, and such other public buildings as are necessary to carry
out the work of the county government.
(b) Whenever the board of supervisors of a county decides to go
out to bid to construct a county building, expand an existing
building, expand the use of an existing building, or enter into a
lease of an existing building within the incorporated territory of a
city, the board shall notify in writing, at least 60 days prior to
going to bid or entering into a lease, the city clerk of the city
where the building is to be constructed, expanded, or leased.
(c) In those instances where the board is exempt from the bidding
process, the board shall notify the city clerk in writing, at least
60 days prior to the construction, expansion, or lease of a building.
(d) The 60-day notification requirements imposed by subdivisions
(b) and (c) may be waived if the city council consents, by
resolution, thereto.
25351.1. After January 1, 1980, with respect to the construction,
purchase, or lease of buildings which are located or will be located
in a standard metropolitan statistical area (SMSA) with a population
of 250,000 or more according to the most recent decennial census,
which is served by a public transit operator, as defined in Section
99210 of the Public Utilities Code, the board shall give
consideration to the location of existing public transit corridors,
as defined in Section 50093.5 of the Health and Safety Code, for the
area. Construction, purchase, or lease of buildings at locations
outside of existing public transit corridors may be approved after
the board has determined: (1) the purpose of the facility does not
require transit access; or (2) it is not feasible to locate the
facility in an existing transit corridor; or (3) the transit operator
will provide service as needed to effectively serve the facility.
The board may request the assistance of the transit operator in
making its determination and shall notify the operator of its
decision.
25351.15. The requirement of Section 25351.1 shall be met if the
board has obtained from the transportation planning agency approval
of its procedures and criteria for giving adequate consideration to
the location of existing public transit corridors when constructing,
purchasing, or leasing public buildings, or if the county is served
by a countywide, statutorily created transit district. Before the
transportation planning agency approves such procedures and criteria,
any transit operator in the county shall have 45 days to review and
comment.
25351.2. In the operation of a county art institute, the board may
charge fees necessary to defray the cost of instruction and may issue
certificates evidencing the completion of courses of instruction to
the satisfaction of the board.
25351.3. In addition to its other powers and duties, the board of
supervisors may do any or all of the following:
(a) Acquire land for and construct, lease, sublease, build,
furnish, refurnish, or repair buildings for municipal or superior
courts and for convention and exhibition halls, trade and industrial
centers, auditoriums, opera houses, music halls and centers, motion
picture and television museums, and related facilities used for
public assembly purposes for the use, benefit and enjoyment of the
public, including offstreet parking places for motor vehicles, ways
of ingress and egress, and any other facilities and improvements
necessary or convenient for their use.
(b) Acquire land and construct buildings, structures and
facilities thereon, in whole or in part, with county funds or it may,
by contract or lease with any nonprofit association or corporation,
provide for the acquisition of land or the construction of buildings,
structures and facilities, or all or any part thereof, for public
assembly purposes, upon the terms the board may determine.
(c) Lease, pursuant to Section 25371, any real property owned by
the county and available for public assembly purposes to any person,
firm, corporation, or nonprofit association or corporation for public
assembly purposes, with the person, firm, corporation, or nonprofit
association or corporation to lease the real property, as improved,
back to the county for use for the purposes stated in the lease. Any
lease authorized by the board under this subdivision, except leases
for municipal or superior courts, which may be entered into without
advertising for bids, shall be awarded to the lowest responsible
bidder after public competitive bidding conducted in the manner
determined by the board. Notice inviting bids shall be published
pursuant to Section 6066 in a newspaper as the board may direct.
(d) Enter into a lease or sublease, without advertising for bids
therefor, of buildings, structures, and facilities or any of them
with any nonprofit association or corporation which agrees to use the
buildings, structures, and facilities so leased to it for the public
assembly purposes for which they were or are to be built; or
contract, without advertising, for bids with any nonprofit
association or corporation for the maintenance, operation, and
management of the buildings, structures, and facilities, or any part
thereof used for public assembly purposes, including the scheduling
and promotion of events therein, for a specified term, not to exceed
40 years, upon terms and conditions as may be agreed upon. The
leases, subleases, or contracts shall provide that, at least
annually, there shall be paid to the county the net revenue, if any,
from the operation and use of the facilities, remaining after the
payment of expenses and costs, if any, for maintenance, operation or
management, interest, and principal payments upon loans to the
nonprofit corporation or association for purposes of maintenance,
operation, or management, and any other expenses, and after providing
maintenance and operation reserves. The lease, sublease, or contract
shall also provide that, upon its expiration, all of the assets of
the nonprofit association or corporation after payment or discharge
of its indebtedness and liabilities shall be transferred to the
county.
(e) If the county has a population in excess of 4,000,000, without
advertising for bids therefor, grant any real property owned by the
county, or lease, for a term not to exceed 99 years, any real
property owned by the county, to any city, district, or other public
entity for any of the above public assembly purposes, without
consideration, except the agreement of the grantee or lessee to use
the real property for the public assembly purposes specified, and
upon terms and conditions which may be agreed upon by the board and
the grantee or lessee.
The amendment to this section enacted by Chapter 755 of the
Statutes of 1963 shall not be construed to affect or modify the duty
of any county or board of supervisors to provide adequate quarters
for courts but is intended to provide an alternative method of
financing the acquisition of property and buildings for use for
courthouse purposes.
25351.35. In the case of any contract or lease described in
subdivision (b) of Section 25351.3, obligating the county to make
payments or incur obligations of one million dollars ($1,000,000) or
more, the board shall not enter into such contract or lease unless
and until the board has submitted such contract or lease to the
qualified electors of the county at the next general election or at a
special election to be called by the board for the purpose. Any
special election held for this purpose shall conform as nearly as
practicable with the general election law of the State. A summary of
the provisions of such contract or lease shall be placed on the
ballot and space provided for marking by voters to indicate their
respective approval or disapproval of the contract or lease. Only if
a majority of the electors voting at such election vote to approve
the lease or contract as presented, shall the board enter into such
lease or contract.
For the purposes of this section, all contracts or leases
pertaining to one project shall be considered as one contract or
lease.
This section shall not apply to any project for which the
architectural contract has been executed prior to June 1, 1961.
25351.4. As used in Section 25351.3, the term "motion picture and
television museums" means a museum which includes, but is not limited
to, any one or more of the following facilities:
(a) Completely equipped sound stages suitable for demonstrating to
the public the actual filming of motion picture or television
sequences;
(b) Theater facilities suitable for public showings of motion
picture and television films of historical or educational interest;
(c) Film archives and related facilities for the physical
preservation of motion picture and television films;
(d) Restaurant and refreshment facilities for the museum staff and
the visiting public;
(e) Office facilities which may be rented as general offices to
one or more nonprofit corporations which serve the interests of the
motion picture or television industries as a whole.
25351.5. When a county owns, leases or operates a convention hall,
an exhibition hall, an auditorium, an opera house, a music hall and
center, a museum, an art gallery, or an amphitheater as a place of
public assembly for the use, benefit and enjoyment of the public, the
board of supervisors may by ordinance levy an admission tax on the
base purchase price of tickets sold for admission to any such
facility. "Base purchase price" means the amount which is actually
paid, and not the regular established price, for admission to the
facility, exclusive of all other taxes, federal, state, or city,
which are now or may hereafter be imposed on such admission. No tax
shall be due in the case of a person admitted free of charge.
The ordinance shall provide for the administration and collection
of the tax. The proceeds of the tax shall be deposited in the county
treasury to be expended for the maintenance and operation of the
facility from which the proceeds are derived. The amount of the tax
shall not exceed 10 percent of the base purchase price of admission
charged and shall not in any event exceed the amount necessary to
defray the annual maintenance and operation expense of the facility
from which the proceeds are derived.
25351.6. As used in Section 25351.3 the term "related facilities,"
in connection with music halls or centers constructed and operated
pursuant thereto, shall include, without limitation thereto, any
institutes or academies for the performing arts, specifically
including the arts of music, drama, and dance, and any other
facilities which in the opinion of the board may be reasonably
necessary for the full, complete and convenient public use of such
music halls and centers.
25352. The board may purchase, acquire, construct, equip, and
maintain all necessary tanks, reservoirs, pumps, apparatus, motor
vehicles, and other machinery necessary or proper to facilitate the
performance of the work in the county.
25353. The board may purchase, receive by donation, lease, or
otherwise acquire water rights or real or personal property necessary
for use of the county for any county buildings, public pleasure
grounds, public parks, botanical gardens, harbors, historical
monuments, and other public purposes, or upon which to sink wells to
obtain water for sprinkling roads and other country purposes. The
board may improve, preserve, take care of, manage, and control the
property. Whenever a county has been designated a successor to a
harbor improvement district pursuant to Division 1 (commencing with
Section 56000) of Title 6 the board of supervisors shall have the
same powers and duties as the former board of directors of such
district with respect to the acquisition, improvement, and management
of harbors or public beaches within the county.
25354. The board shall receive from the United States, or other
sources, lands and other property granted or donated to the county
for the purpose of aiding in the erection of county buildings, roads,
bridges, or other specific purposes, and may use the property for
such purposes and provide for its sale and the application of the
proceeds.
25355. The board may accept or reject any gift, bequest, or devise
made to or in favor of the county, or to or in favor of the board in
trust for any public purpose. The board may delegate to any county
officer or employee the power to accept any gift, bequest, or devise
made to or in favor of the county. The officer or employee shall file
with the board each quarter a report that describes the source and
value of each gift valued in excess of ten thousand dollars ($10,000)
or any other amount as determined by the board. The board may hold
and dispose of the property and the income and increase thereof for
those lawful uses and purposes as are prescribed in the terms of the
gift, bequest, or devise. In accounting for or inventorying gifts,
bequests, or devises, the officer or employee shall follow the
appropriate procedures contained in the State Controller's manual
entitled "Accounting Standards and Procedures for Counties."
25356. If any gift, bequest, or devise is unaccompanied by any
provision prescribing or limiting the uses and purposes to which the
property received, or the income or increase thereof, may be put, it
may be put to any uses and purposes which the board prescribes, and
the proceeds or income therefrom shall be paid into the general fund
of the county.
25357. Whenever any public building belongs to or is used by a
county and is situate on land dedicated to public use but which is
not owned by the county in fee, the board may select and acquire a
new site for the building and erect a new building or remodel an
existing building on the new site for the purpose. To this end the
board and the holders of title to the land and any other person or
public, private, or municipal corporation having an interest therein,
may sell the land upon such terms and conditions as are agreed upon
by the respective parties, and may abandon or convey their several
interests and abandon the interest of the public in the land.
25358. The board shall provide all necessary officers, employees,
attendants, services, and supplies for the proper maintenance, care,
and upkeep of the county buildings and grounds, and the board may
contract therefor pursuant to Article 3.5 (commencing with Section
20120) of Part 3 of the Public Contract Code.
25359. The board may provide for the working of prisoners confined
in the county jail under judgment of conviction of misdemeanors,
under the direction of a responsible person appointed by the sheriff,
upon the public grounds, roads, streets, alleys, highways,
firebreaks, fire roads, riding or hiking trails, or public buildings,
or in such other places as are deemed advisable, for the benefit of
the public.
25360. A county may establish and maintain a facility to provide
security for victims of and witnesses to crimes who have been or may
be subjected to threats or intimidation for the purpose of dissuading
or preventing them from attending or giving testimony at any trial,
proceeding, or inquiry authorized by law.
25361. The board may insure county buildings and other property in
the name and for the benefit of the county. It may procure indemnity
insurance, including excess fidelity insurance, against loss or
liability on account of burglary, forgery, embezzlement, defalcation,
or other insurable hazards. All insurance and indemnity shall be
procured only from admitted insurers.
25362. The board may grant and convey real property to the United
States or any of its agencies, for use for public purposes, in
consideration of the grant and conveyance of real property to the
county by the United States or any of its agencies.
25363. The board of supervisors may sell or lease at public
auction, and convey to the highest bidder, for cash, any property
belonging to the county not required for public use. The sale or
lease may be made at the courthouse door or at such other place
within the county as the board orders by a four-fifths vote. Notice
of the sale or lease shall be given for five days prior thereto
either by publication in a newspaper published in the county or by
posting in three public places in the county. The proceeds shall be
paid into the county treasury for the use of the county. If in the
unanimous judgment of the board, the property does not exceed in
value the sum of five hundred dollars ($500), or the monthly rental
value thereof is less than seventy-five dollars ($75), or if it is
the product of the county farm, it may be sold or leased at private
sale without advertising by any member of the board authorized by a
majority vote of the board. The sale or lease shall be reported to
and confirmed by the board. This section does not apply to the
furnishing of goods to special districts.
25364. The board may dispose of surplus plants, trees, shrubs, and
nursery stock belonging to the county and not required for public
use, by public or private sale, or by exchanging them with any person
or any other public body for other property required by the county.
The sale or exchange may be made without advertisement or competitive
bidding.
25365. (a) The board of supervisors may, by a four-fifths vote,
grant, convey, quitclaim, assign, or otherwise transfer to the state
or to any community redevelopment agency, housing authority,
community development commission, surplus property authority, federal
agency, city, school district, county board of education, special
district, joint powers agency, or any other public agency within the
county or exchange with those public agencies, any real or personal
property, or interest therein belonging to the county upon the terms
and conditions as are agreed upon and without complying with any
other provisions of this code, if the property or interest therein to
be granted and conveyed or quitclaimed is not required for county
use or in the event of an exchange, the property to be acquired is
required for county use.
(b) The board of supervisors may also, by a four-fifths vote,
exchange real property with any person, firm, or corporation, for the
purpose of removing defects in the title to real property owned by
the county, or where the real property to be exchanged is not
required for county use and the property to be acquired is required
for county use. If the real properties to be exchanged are not of
equal value, either party to the exchange may contribute cash or
other real property assets, acceptable to the other party, to balance
the transaction. The value of any private real property exchanged
shall be equal to, or greater than, 75 percent of the value of the
county property offered in exchange. The cash or other real property
assets to be added to balance the transaction shall not be greater
than 25 percent of the value of the county property proposed for
exchange.
(c) Unless the public agency to which the property is transferred
pursuant to this section and the public agency transferring the
property are governed by the same county board of supervisors, the
transferring board of supervisors shall publish a notice of its
intended action pursuant to Section 6061 at least one week prior
thereto in a newspaper of general circulation published in the
county.
25365.5. The board of supervisors of a county, without complying
with any other provision of this code, may at any time hereinafter
donate, or transfer for such consideration as it determines, lands
owned by the county, which the board of supervisors deems is not
required for other purposes, to a community services district within
the county, or to a trustee therefor, for the following purposes:
(1) To allow such district to sell, lease or otherwise dispose of,
either privately or by public auction, for cash or subject to such
financing as it determines, said land or any portion thereof, and
(2) To utilize the net proceeds therefrom to repay a loan from any
appropriate source to such district for the construction of streets,
drainage, sewage and other public facilities within a townsite
replacing an old townsite devastated by floods occurring in December
1964 or January 1965.
Any such donation or transfer to such district for less than the
full market value of such land is hereby declared to be for a public
purpose.
The county may give assurances to or enter into a written contract
with the district or other agency respecting the donation or
transfer for the purpose of facilitating the loan.
25365.6. The board of supervisors of a county of over 4,000,000
population, without complying with any other provision of law, may
transfer with or without consideration and upon such terms and
conditions as it determines, any easement, license or other interest
in real property belonging to the county and not needed for county
purposes to any water agency for such purposes as are consistent with
the powers and duties of such districts or agencies.
Any such donation or transfer may be by way of grant, quitclaim,
dedication, lease or license.
Any such donation or transfer for less than the full market value
of the interest conveyed is hereby declared to be for a public
purpose.
25366. The board may perform services for and sell personal
property to any road improvement, lighting, irrigation, waterworks,
flood control, or other special district within the county whose
affairs and funds are under the supervision and control of the board
or for which the board is ex officio the governing body.
25366.5. In the case of real property which is leased, sold,
exchanged, or otherwise disposed of pursuant to this chapter, the
failure of the county to comply with the procedures applicable to
such lease, sale, exchange, or other disposition shall not invalidate
the interest of a bona fide lessee, purchaser, or encumbrancer for
value.
25367. The board may vacate or abandon county easements for light
and air or any other easement of the county intended to prohibit the
construction of certain structures whenever it determines that the
easements are no longer required for public use.
25368. The board of supervisors of any county in which a local
hospital district including the entire county has been organized
pursuant to Division 23 of the Health and Safety Code, by unanimous
vote, may convey to the local hospital district any real property
used for hospital purposes, without consideration other than the
agreement of such district to maintain the hospital for the use of
the residents of the county.
25369. By a four-fifths vote of the board of supervisors, any
county in which a local hospital district including the entire county
has been organized may grant any money accumulated in a capital
outlay fund pursuant to Article 4 (commencing with Section 53730) of
Chapter 4, Part 1, Division 2, Title 5 of the Government Code to the
local hospital district.
25369.5. In any county having a department under the management and
control of a county forester and fire warden, the board may
authorize rescue or first aid service, or both, as a function of that
department and may appoint agents and employees and acquire needed
property and equipment for such purposes.
25371. Notwithstanding any other provision of law, the board of
supervisors of any county or city and county is hereby authorized and
empowered to let to any person, firm or corporation, for a term not
to exceed 40 years, any real property which belongs to the county or
city and county; provided, that the use to which such property will
be put, after construction thereon, is consistent with the use or
purposes contemplated upon the original acquisition of such property
or to which such property has been dedicated. Property leased
pursuant to this section may be used for purposes inconsistent with
the use or purposes contemplated upon the original acquisition of
such property by the county or city and county or to which such
property has been dedicated if the property has belonged to the
county or city and county for 10 years and such use or purposes have
been abandoned.
Any instrument by which such property is let as aforesaid shall
require the lessee therein to construct on the demised premises a
building or buildings for the use of the county or city and county
during the term thereof, shall provide that title to such building
shall vest in the county or city and county at the expiration of said
term and shall contain such other terms and conditions as the board
of supervisors may deem to be in the best interests of the county or
city and county. No county or city and county shall enter into any
such contract if at the time 60 percent of the total payments which
would become due from the county or city and county if all leases,
including the contract to be let, entered into under the authority of
this section, were to run their full term plus the total amount of
county or city and county bonded indebtedness outstanding at said
time exceeds the maximum bonded indebtedness of the county or city
and county.
25372. (a) Except as restricted by any conditions by which the
county acquired the property, the board of supervisors may donate or
lease any real or personal property that the board declares to be
surplus to any public agency or organization exempt from taxation
listed in subdivision (b). The board may impose on the donation or
lease any terms and conditions that it determines to be appropriate.
(b) This section applies to all of the following:
(1) An organization exempt fr