SECTIONS 26301-26313 - California Statutes

GOVERNMENT CODE

SECTION 26301-26313

26301. Subject to the provisions of this chapter, boards of
supervisors in their respective counties shall have authority to
undertake and to issue revenue bonds to finance the following public
improvements:
a. The acquisition, construction, maintenance, operation,
improvement and development of public beaches and such upland areas
adjacent thereto as may, in the opinion of the board, be reasonably
necessary to provide for the full, complete and convenient public
utilization of such beaches.
b. The acquisition, construction, maintenance, operation,
improvement and development of public small boat harbors and such
facilities and improvements in connection therewith as in the opinion
of the board may be reasonably necessary to provide for the full,
complete and convenient public use of such small boat harbors.
c. The acquisition, construction, maintenance and operation of
facilities for the public convenience in conjunction with any public
beach or public small boat harbor.
d. The acquisition, construction, maintenance, operation,
improvement and development of public golf courses and such
facilities and improvements in connection therewith as in the opinion
of the board may be reasonably necessary to provide for the full,
complete and convenient public use of such golf courses. A county
shall not condemn any existing privately owned and operated golf
course the acquisition of which is to be financed under this chapter.
e. The acquisition, construction, maintenance, operation,
improvement and development of skiing areas. The provisions of this
section shall not be construed to authorize a board of supervisors to
operate any restaurant, lodginghouse or hotel except during such
periods as it is unable to lease such restaurant, lodginghouse or
hotel to a private concessionaire. Public notice calling for bids by
prospective lessees of such restaurant, lodginghouse or hotel shall
be published once a week for four successive calendar weeks, in a
newspaper of general circulation, and it shall be conclusively
presumed that the board of supervisors is not unable to lease such
restaurant, lodginghouse or hotel to a private concessionaire until
one week following the last publication has elapsed without securing
reasonable bids.

26302. Each separate improvement shall be designated as a "project."

26303. If in the opinion of the board, it is advisable that any
project be acquired, constructed or completed, in whole or in part,
it shall cause a report thereon to be made by any appropriate county
officer or officers, which shall include:
a. An estimate of the probable cost of the acquisition,
construction and completion, including all incidental expenses,
engineering, legal and administrative during the construction;
b. An estimate of probable sources of income and the amount
thereof;
c. An estimate of the cost of maintenance and for the operation
upon completion, including the cost of all repairs, administrative
and overhead charges.
The expense of the preparation of the report shall be a county
charge and shall be paid by the board out of any funds of the county
available therefor.

26304. If the report is approved by the board, the board may adopt
a resolution declaring that the public interest and necessity demand
the acquisition, construction or completion of the project or of a
designated part thereof, the purpose, nature and extent of which
shall be described in general terms, and authorizing such
acquisition, construction or completion. The board may thereupon
authorize the issuance of revenue bonds for the purpose of obtaining
funds in an amount estimated by the board to be sufficient for such
project or part thereof.

26305. The board has full charge of the acquisition, construction
and completion of all projects authorized by it and may proceed with
such work subject to the availability of funds therefor.

26306. The board may institute any proceedings and acquire all real
property necessary therefor on such terms and conditions as it deems
advisable.
Whenever the cost of construction of any project or the cost of
any repairs thereto shall exceed two thousand five hundred dollars
($2,500), such work shall be done by contract, and any contract
therefor shall be void unless the same shall be let in the manner
provided by Sections 25451 to 25455, inclusive, of the Government
Code.

26306.5. It is unlawful to split or separate into smaller work
orders or projects any project undertaken pursuant to this chapter
for the purpose of evading any provisions of this chapter which
require such work to be done by contract after competitive bidding.
Every person who wilfully violates the provisions of this section is
guilty of a misdemeanor.

26307. Title to all property acquired under this chapter and the
revenue and income therefrom shall be in the name of the county. The
title to such property and the revenue and income therefrom including
any miscellaneous revenues, sinking funds, reserve funds and other
such funds and the income therefrom pledged to the payment of and
interest of any bonds issued hereunder is subject to the trusts
created by this chapter in favor of the bond holders. All such
property and the income therefrom is exempt from all taxation by the
State or by the county or by any city and county, city, municipality,
district, political subdivision or public corporation thereof. The
management, operation and control of all improvements acquired,
constructed or completed by the board under this chapter shall be
fixed in the board and the powers, rights, functions and duties of
the board with respect thereto shall not be impaired or interfered
with.

26308. So long as any bonds issued are outstanding and unpaid, the
operation, maintenance, control, repair, construction, alteration and
improvement of any project acquired, constructed or completed under
this chapter is vested in the board.

26309. The board may only use for the payment of the acquisition,
construction, completion, maintenance, or insurance of any project
undertaken under the authority of this chapter, the proceeds of
revenue bonds issued and sold by the board, or the revenues from such
project.
The following provisions of this section shall only be applicable
to projects in counties containing a population of 4,000,000 or more.
If at the beginning of any fiscal year it is estimated that the
revenues from the project will be insufficient to meet the bond
interest and redemption requirements and the operation and
maintenance requirements of any indenture entered into in connection
with the issuance of revenue bonds for the project, the board may, by
a four-fifths vote, advance an amount of money which, when added to
any other funds available for that purpose, will be sufficient to
maintain and operate the project for the year. Any such advance shall
only be available for expenditure under terms and conditions
prescribed by the board and shall be repaid from the first revenues
of the project which can legally be made available for that purpose
under the revenue bond indenture.
If the board of supervisors determines that any lands within the
project are not suitable for revenue-producing use but can be used
for public beaches, parks or other facilities for general public
nonrevenue-producing use, it may adopt a resolution setting aside
specific lands for such use. If the board of supervisors determines
that the revenues of the project will be impaired by setting aside
any such lands, provision shall be made for monthly payments into the
revenue fund of an amount not less than the amount of such
impairment, but not to exceed the fair rental value of the land.

26310. The board may insure against any accident to or destruction
of any project or any part thereof. Any money collected on such
insurance shall be used for the purpose of repairing or rebuilding
the project damaged, injured or destroyed or for the retirement of
any revenue bonds issued in connection therewith which may be
outstanding or unredeemed, as may be agreed upon by the board in the
indenture authorizing the issuance of the bonds.

26311. The board may insure against loss of revenue from any cause
whatever and the proceeds of such insurance shall be used solely for
the payment of the bonds and interest thereon.

26312. The board may insure against public liability or property
damage in connection with any project. It may provide in the
proceedings authorizing the issuance of any revenue bonds for the
carrying of such or any other insurance in such amount and of such
character as may be specified and for the payment of the premiums
thereon.

26313. This chapter provides an alternative procedure to that
otherwise provided by law for undertaking the improvements authorized
herein and shall not operate to limit or control the authority of
the board to undertake the same improvements in any other manner
authorized by law.