Section 70325 Of Article 3. Agreements Transferring Responsibility For Court Facilities From California Government Code >> Title 8. >> Chapter 5.7. >> Article 3.
70325
. (a) (1) If title to a building proposed to be transferred
pursuant to this chapter is subject to a bonded indebtedness, the
county shall retain the revenue sources used to pay the bonded
indebtedness in which case the county shall be required to continue
to make the payments on the bonded indebtedness.
(2) As an alternative to paragraph (1), the county and the state
may agree that the county shall transfer the revenue sources to the
state, in which case, the state shall be required to make the
payments on the bonded indebtedness in the amount of the revenue
received. If the amount payable on the bonded indebtedness exceeds
the amount of the revenue transferred to the state, the county shall
be responsible for paying the remaining amount. If a revenue source
is used to pay the bonded indebtedness on several buildings and not
all of those buildings are being transferred to the state, the county
shall transfer the proportion of the revenue used to pay the bonded
indebtedness on the buildings transferred to the state. Except for
revenue sources subject to Section 70375, any revenue source
transferred by the county to the state under this paragraph shall be
transferred back to the county by the state when the bonded
indebtedness on the building is retired.
(b) Except in the case of a shared use building or historical
building whose title is not being transferred from the county, the
agreement concerning transfer of responsibility for court facilities
contained in a building subject to bonded indebtedness shall specify
when title to the building will transfer, which shall not be later
than the date of final payment of the bonded indebtedness on the
building. A county shall not extend the term of the final maturity
date of, or increase the amount of, any bonded indebtedness on a
building containing court facilities whose responsibility has been
transferred to the state without the consent of the Administrative
Director of the Courts. For the purposes of this subdivision, the
amount of the bonded indebtedness shall not be deemed to be increased
if the amount is refunded for an amount not greater than the
original principal amount of the indebtedness plus any costs relating
to the refunding of the bonded indebtedness.
(c) Notwithstanding any provision to the contrary in this chapter,
during the period and to the extent which bonded indebtedness is
outstanding with respect to any court facility, the state shall not
have any equity or other ownership rights in, to, or with respect to,
the court facility. A county may not sell, assign, or transfer any
rights or interests in that facility, or otherwise further encumber
the facility, other than those rights, interests, or encumbrances
required by legal documents establishing the bonded indebtedness. If,
during the period of bonded indebtedness outstanding with respect to
a court facility, the state is required to vacate the facility
through the operation or enforcement of the legal documents
establishing the bonded indebtedness, the county shall be responsible
for providing the state with suitable and necessary court facilities
at least equal to those occupied by the state immediately prior to
the date on which the state was compelled to vacate the facility.