Section 17426 Of Article 2. Leasing Property From California Education Code >> Division 1. >> Title 1. >> Part 10.5. >> Chapter 4. >> Article 2.
17426
. All acts and proceedings taken prior to the effective date
of the enactment of this section, by or on behalf of any district
under this article, or under color of this article, for the
authorization of an increase in the maximum tax rate of the district
and for the leasing of a building or buildings for the purposes of
the district are hereby confirmed, ratified, validated, and declared
legally effective. This shall include all acts and proceedings of the
governing board of the district and of any person, public officer,
board, or agency, heretofore done or taken upon the question of the
authorization of the tax rate increase or the leasing. Whenever an
election has been called and held prior to the effective date of the
enactment of this section, for the purpose of submitting to the
voters of any district the question of an increase in the maximum tax
rate of the district and for the leasing of a building or buildings
for the purposes of the district, the election and all proceedings
attendant thereon are hereby confirmed, ratified, validated, and
declared to be legally effective for all purposes, and the tax rate
increase, if authorized by the required vote and in accordance with
the proceedings heretofore taken, shall be a legal and valid
authorization, in accordance with its terms, and any tax heretofore
or hereafter levied pursuant to that authorization shall be legal and
valid. The foregoing provisions of this section shall operate to
supply any legislative authorization that may be necessary to
validate the acts and proceedings heretofore taken which the
Legislature could have supplied or provided for in this article. The
foregoing provisions of this section shall be limited to the
validation of acts and proceedings to the extent to which the same
can be effectuated under the California and United States
Constitutions. The foregoing provisions of this section shall not
operate to confirm, ratify, validate, or legalize any act,
proceeding, or other matter the legality of which is being contested
or inquired into in any legal proceeding now pending and undetermined
or which may be pending and undetermined during the period of 30
days from and after the effective date of this section, and shall not
operate to confirm, ratify, validate, or legalize any act,
proceeding, or other matter which has heretofore been determined in
any legal proceeding to be illegal, void, or ineffective.
In any school district in which an election was called and held
prior to the effective date of this section in which the voters of
the district authorized an increase in the maximum tax rate of the
district and the leasing of a building or buildings for the purposes
of the district, the law in effect at the date of the school district
election shall govern the terms of the lease, the terms of the sale
of related bonds, notes, and warrants, and the school district's
maximum bonded indebtedness, and Section 17423 shall not be
applicable to the school district's entry into any lease or agreement
authorized at an election called and held prior to the effective
date of this section.