SECTIONS 16274-16279 - California Statutes

GOVERNMENT CODE

SECTION 16274-16279

16274. Not later than seven days after the notice from the State
Controller, the governing body shall hold a public hearing for the
purpose of determining the distribution of funds received pursuant to
Section 16272.5. The governing body shall send written notice to the
legislative body of each special district which is not governed by
the board of supervisors or the city council and shall publish such
notice in a newspaper of general circulation in the county not less
than three days prior to the hearing. The notice shall include the
following: (1) the amount of funds available to special districts,
(2) the statutory criteria for the distribution of such funds, and
(3) the time and place of the hearing.

16275. Following the close of the public hearing, the governing
body shall distribute the funds in accordance with the following
criteria:
(a) Public Safety Services:
(1) In distributing funds to districts which provide fire
protection services, and any police protection district, county
service area, or community services district which provides police
protection services, exclusively, the governing body shall provide an
amount sufficient to ensure that each district maintains the same
level of protection as was actually provided during 1977-78.
(b) Other special district services:
(1) Districts with general fund reserves, as defined in Section
16271, of 5 percent or less of their total 1977-78 revenues shall be
given priority over districts with general fund reserves in excess of
5 percent of their total 1977-78 revenues.
(2) Districts which have relied most heavily upon revenues derived
from property taxation to finance the provision of a service shall
be given priority over those districts which are less dependent upon
revenues derived from property taxation.
(3) Districts which are not authorized to utilize nonproperty tax
revenue sources, including but not limited to fees, rates and tolls
to finance the provision of a service shall be given priority over
districts which are authorized to utilize such nonproperty tax
sources.
(4) In distributing funds to districts which provide more than one
service, exclusive of fire and police protection services which are
funded under the public safety services category, the board shall
apply the criteria of paragraphs (1), (2), and (3) of this
subdivision to each such service and shall make a distribution of
funds to the district for each such service.
(5) Any distribution made pursuant to this section shall be
reduced by one-third of the amount by which the district's general
fund reserves exceeds 5 percent of the district's total 1977-78
revenues.

16276. Within 30 days of the notice of allocation received pursuant
to Section 16272.5, the governing body shall determine the amount of
funds to be disbursed to each special district. The funds provided
for by this chapter shall be used exclusively for special districts
and shall not be used for any general county or municipal expenses.

16276.3. Within five days of the determination by the governing
body pursuant to Section 16276, the governing body shall publish a
notice in a newspaper of general circulation which includes: (1) the
districts which received funds, (2) the amount of funds received, and
(3) the purpose for which such funds shall be used.

16276.5. The county auditor shall disburse funds to the special
district in the same manner as disbursements which are made from the
county treasurer's property tax trust fund.

16277. Nothing in this chapter shall be construed to authorize the
governing body to specify the manner in which such funds are to be
expended by any district where such district has a legislative body
other than the governing body.

16278. The determination of the governing body in distributing
funds to a special district pursuant to this chapter shall be final
and conclusive in the absence of fraud or prejudicial abuse of
discretion. In any action or proceeding to review any determination
of the governing body, such inquiry shall be limited to whether there
was fraud or prejudicial abuse of discretion. Prejudicial abuse of
discretion shall be established if the court finds that the
determination of the governing body was not supported by substantial
evidence in light of the whole record.

16279. No action or proceeding shall be commenced to contest any
determination of the governing body pursuant to this chapter, unless
such action or proceeding shall have been brought within 90 days
after the governing body's determination.