Section 15301 Of Article 1. General Provisions From California Education Code >> Division 1. >> Title 1. >> Part 10. >> Chapter 2. >> Article 1.
15301
. (a) A school district or community college district that has
a community facilities district formed pursuant to the Mello-Roos
Community Facilities Act of 1982, as set forth in Chapter 2.5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of
the Government Code, that has as one of its purposes the
construction of school facilities within a portion of the territory
of the school district or community college district, may proceed
under this chapter.
(b) The boundaries of a school facilities improvement district
formed pursuant to this chapter shall include all of the portion of
the territory within the boundaries of the school district or
community college district that is not located within the boundaries
of the community facilities district as described in subdivision (a).
(c) A school district or community college district may proceed
under this chapter without meeting the requirements of subdivisions
(a) and (b) if the governing board of the school district or
community college district determines that it is necessary and in the
best interest of the school district or community college district,
respectively, to form a school facilities improvement district
pursuant to this chapter to finance school facilities and purposes
authorized pursuant to Section 15100. As a part of that
determination, the governing board of the school district or
community college district shall make a finding that the overall cost
of financing the bonds issued pursuant to this part would be less
than the overall cost of other school facilities financing options
available to the school district or community college district,
including, but not limited to, issuing bonds pursuant to the
Mello-Roos Communities Facilities Act of 1982 (Ch. 2.5 (commencing
with Sec. 53311), Pt. 1, Div. 2, Title 5, Gov. C.). The governing
board of the school district or community college district proceeding
under this subdivision shall define the boundaries of the school
facilities improvement district to include any portion of territory
within the jurisdiction of the school district or community college
district.
(d) The governing body of a school district or community college
district that proceeds under this chapter shall comply with the
filing requirements established by Section 54902 of the Government
Code. A plat or map that is filed pursuant to this subdivision shall
specifically identify property, located within the school district or
community college district, that is not located within the
improvement district established by the school district or community
college district pursuant to this chapter.