Section 15754 Of Article 1. General Provisions From California Education Code >> Division 1. >> Title 1. >> Part 10. >> Chapter 4. >> Article 1.
15754
. Whenever a school district receives an apportionment under
this chapter for the purchase or improvement of a school building
site and within a period of five years after the date on which the
warrant covering the appropriate portion or portions of the
apportionment was drawn on the State Treasurer from the Public School
Building Loan Fund, (1) sells or otherwise disposes of the site or
the improvements thereon, or any portion thereof, purchased or
improved in whole or in part from the apportionment, or (2) within
not less than one year nor more than five years, as the board shall
determine, does not begin to use the site or the improvements thereon
for the purpose or purposes for which the apportionment was made,
the board shall make the determinations and take the action with
respect thereto as it may deem necessary. If the board determines
that the district has (1) sold or otherwise disposed of the site or
the improvements thereon, or any portion thereof, or (2) has not used
the site for the purpose for which the apportionment was made, it
shall demand the return of the apportionment or the portion thereof
that it deems proper.
Written notice of the demand, setting forth the amount due the
state pursuant thereto, shall be furnished by the board to the
governing board of the school district, the county superintendent of
schools, the county auditor, the county treasurer of the county whose
county has jurisdiction over the school district, and the
Controller. Upon receipt of the notice and demand, the governing
board of the school district shall order the county treasurer to pay
to the Treasurer, out of any moneys in the county treasury available
to the school district for that purpose, the amount set forth in the
notice. The amount shall, upon order of the Controller, be deposited
in the State Treasury to the credit of the Public School Building
Loan Fund.
It shall be the duty of the governing board and county treasurer
to make the payments to the Treasurer as provided in this section,
and it shall be the duty of the Controller to enforce the collection
on behalf of the state.