SECTIONS 6040-6044 - California Statutes

GOVERNMENT CODE

SECTION 6040-6044

6040. Whenever any official advertising, notice, resolution, order,
or other matter of any nature whatsoever is required by law to be
published in a newspaper, such publication shall be made only in a
newspaper of general circulation.

6040.1. (a) Notwithstanding Section 6040, notice shall be given of
ordinances enacted to authorize issuance of revenue bonds by joint
powers entities and the fact that such ordinance is subject to
referendum. All such notices shall meet the following requirements:
(1) Notices shall appear for five consecutive days in at least one
daily newspaper of general circulation published in the affected
area; and if no such daily publication exists, then at least twice in
the weekly newspapers of the area; and if there are no such weekly
newspapers, then notice shall be posted for no less than two weeks in
at least 15 public places; and
(2) Notices shall state the fact that the ordinance is subject to
referendum in no smaller than 10-point type, and describe the
procedures for such referendum in no smaller than 8-point type; and
(3) Notices shall describe in no smaller than 8-point type the
nature and purpose of the bond issue, the maximum amount of the bond
issue, the duration of the proposed indebtedness, the probable or
anticipated rate of interest on such bonds, and the anticipated
sources of revenue to redeem such bonds; and
(4) Notices shall be of sufficient size to contain the information
required by paragraphs (2) and (3).
(b) The cost of such notice shall be borne by the party to the
joint powers entity which approves the ordinance, and may be included
as part of the cost of the bond issue, to be paid by revenues from
the bond issue.

6040.5. As used in any law of this State providing for any
publication, or notice by publication, or official advertising,
"daily newspaper" means a newspaper of general circulation that is
published on five or more days in a calendar week, and "weekly
newspaper" includes any newspaper of general circulation that is
published on at least one, but less than five, days in a calendar
week.
Any provision in any such law for publication in a weekly
newspaper shall be deemed complied with if publication is made once a
week for the period specified in a weekly newspaper as defined in
this section.

6041. Whenever any publication, or notice by publication, or
official advertising is required by any law of the State to be given
or made by any State, county or city officer, by the officer of any
political subdivision of the State, or by any officer of any court,
the publication, notice by publication, or official advertising shall
be given or made only in a newspaper of general circulation
published within the jurisdiction of the officer.

6041.1. Any officer who gives or makes any publication, notice by
publication, or official advertising pursuant to Section 6041 may
also give or make such publication, notice by publication or official
advertising in a newspaper of general circulation published outside
the jurisdiction of the officer, provided:
(a) The officer determines that a substantial number of residents
within his jurisdiction would benefit therefrom, and
(b) Funds have specifically been made available for such purpose.

6042. Where no newspaper of general circulation is published within
the jurisdiction of the officer, then the publication, notice by
publication, or official advertising shall be given or made in a
newspaper of general circulation published nearest thereto.

6043. All such publications, notices by publication, or official
advertisements shall be set in type not smaller than nonpareil, and
shall be preceded with words printed in black-face type, not smaller
than nonpareil, describing or expressing in general terms the purport
or character of the notice intended to be given.

6044. State, county or city officers, officers of political
subdivisions, and officers of courts who violate or disregard the
provisions of this article, or of Article 1, are responsible
personally and on their official bonds for all damages occasioned
thereby, together with one hundred dollars ($100) liquidated damages
in each case, to be recovered in any court of competent jurisdiction
by the person aggrieved or interested.