SECTIONS 25350-25376
GOVERNMENT CODE
SECTION 25350-25376
SECTION 25350-25376
25350. No purchase of real property, including any water right orother interest therein, of which the purchase price is in excess ofthe dollar limit established by ordinance adopted pursuant to Section25350.60, or, if no ordinance is adopted, in excess of fiftythousand dollars ($50,000), shall be made unless a notice of theintention of the board of supervisors or, if applicable, the countyofficer authorized to purchase real property pursuant to Section25350.60, to make the purchase is published in the county pursuant toSection 6063. If no newspaper is published in the county, the noticeshall be posted at least three weeks prior to the time the boardmeets to consummate the purchase in at least three public places ineach supervisorial district. The notice shall contain a descriptionof the property proposed to be purchased, the price, the vendor, anda statement of the time the board will meet to consummate thepurchase. Nothing contained in this section shall be deemed to preclude thesettlement of an action in eminent domain or the acquisition of anyreal property or interest therein for the uses and purposes of countyhighways without compliance with this section.25350.1. (a) Nothing in this chapter limits, restricts, orprohibits a county from complying with Article 8 (commencing withSection 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, andSection 65402. (b) This section does not constitute a change in, but isdeclaratory of, existing law.25350.5. The board of supervisors of any county may acquire byeminent domain any property necessary to carry out any of the powersor functions of the county.25350.51. (a) The board may, by ordinance or resolution, delegateto the purchasing agent or other appropriate county official, subjectto any rules and regulations as it may impose, the followingauthority: (1) To lease real property for use by the county or to obtain theuse of real property for the county by license for a term not toexceed five years and for a rental not to exceed seven thousand fivehundred dollars ($7,500) per month. (2) To amend real property leases or licenses for improvements oralterations, or both, with a total cost not to exceed seven thousandfive hundred dollars ($7,500), provided that the amendment does notextend the term of the lease or license and that no more than twoamendments, not to exceed seven thousand five hundred dollars($7,500) each, are made within a 12-month period. (b) Notice of intention to consummate the lease or license shallbe posted in a public place for five working days prior toconsummation of the lease or license. The notice shall describe theproperty proposed to be leased or licensed, the terms of the lease orlicense, and any county officer authorized to execute the lease orlicense.25350.55. (a) Prior to entering into an agreement to finance thelease or lease-purchase of property through the execution anddelivery or issuance, as the case may be, of certificates ofparticipation or lease revenue bonds, the board may elect, byresolution, to guarantee payment under that financing agreement inaccordance with the following: (1) A county that elects to participate under this section shallprovide notice to the Controller of that election, which shallinclude a schedule for the payments to be made by the county underthat financing agreement, and identify a trustee appointed by thecounty for the purposes of this section. (2) In the event that, for any reason, the funds otherwiseavailable to the county will not be sufficient to make any paymentunder the financing agreement at the time that payment is required,the county shall so notify the trustee. The trustee shall immediatelycommunicate that information to the affected holders of certificatesof participation or bondholders, and to the Controller. (3) When the Controller receives notice from the trustee asdescribed in paragraph (2), or the county fails to make any paymentunder the financing agreement at the time that payment is required,the Controller shall make an apportionment to the trustee in theamount of that required payment for the purpose of making thatpayment. The Controller shall make that payment only from fundsreceived from the county auditor pursuant to paragraph (4). (4) If either of the circumstances set forth in paragraphs (2) and(3) occur, the county shall immediately notify the county auditorand deliver to the county auditor a duly certified copy of theresolution of the board of supervisors adopted pursuant to Section29530.5. The county auditor shall reduce the vehicle license feeadjustment amount set forth in Section 97.70 of the Revenue andTaxation Code and transmit those funds to the Controller to theextent necessary to make the payments required by paragraphs (2) and(3). (5) As an alternate to the procedure set forth in paragraphs (2)and (3), the board of supervisors may provide a transfer schedule ina notice to the Controller of its election to participate under thissection. The transfer schedule shall set forth amounts to betransferred to the trustee and the date or dates for the transfersand the Controller shall, subject to the limitation in the secondsentence of paragraph (3), make apportionments to the trustee inthose amounts on the specified date or dates for the purpose ofmaking those transfers. (6) In the event that for any reason, the county is no longerobligated for any period to make all or a portion of the paymentswith respect to the lease or lease-purchase financed through theexecution and delivery, or issuance, as the case may be, ofcertificates of participation or lease revenue bonds, the trusteeshall notify the affected holders of certificates of participation orbondholders. The trustee shall also notify the Controller. Uponreceipt of the notification, the Controller shall cease making thetransfers. If after giving notice, the obligation of the county tomake payments with respect to a lease or lease-purchase financedthrough the execution and delivery or issuance, as the case may be,of certificates of participation or lease revenue bonds is restored,the trustee shall so notify the affected holders of certificates ofparticipation or bondholders and the Controller. Upon receipt of thenotification, the Controller shall resume making the transfers. (b) This section shall not be construed to obligate the State ofCalifornia to make any payment to a county from the Motor VehicleLicense Fee Account in the Transportation Tax Fund in any amount orpursuant to any particular allocation formula, or to make any otherpayment to a county, including, but not limited to, any payment insatisfaction of any debt or liability incurred or guaranteed by acounty in accordance with this section.25350.6. (a) Moneys credited to the Motor Vehicle License FeeAccount in the Transportation Tax Fund or allocated to the VehicleLicense Fee Property Tax Compensation Fund of the County of Orangepursuant to paragraph (2) of subdivision (a) of Section 97.70 of theRevenue and Taxation Code to which Orange County may at any time beentitled shall be pledged, without any necessity for specificauthorization of the pledge by the board of supervisors, to allcertificates of participation or lease-revenue bonds executed anddelivered or issued, as the case may be, during 1996 or 1997,including obligations executed and delivered or issued before 2010 torefund those certificates of participation or lease-revenue bonds,to finance or refinance the lease or lease-purchase of property ofthe county and having a stated maturity of 20 years or more. Anyrefunding obligations shall not have a final maturity later than thefinal maturity of the refunded obligations. The amount so pledgedwith respect to any fiscal year of the county shall not exceed theamounts to be paid in that fiscal year on those certificates orlease-revenue bonds. (b) The state hereby covenants with the holders of anycertificates of participation or lease-revenue bonds, includingrefunding obligations, entitled to the pledge granted by this sectionthat, as long as any of the certificates of participation orlease-revenue bonds entitled to the pledge granted by this sectionshall remain outstanding, the state shall not alter or amend thedeposit of moneys into, or the allocation of moneys credited to, theMotor Vehicle License Fee Account in the Transportation Tax Fundunder Chapter 5 (commencing with Section 11001) of Part 5 of Division2 of the Revenue and Taxation Code or the allocation of moneys toand from the Vehicle License Fee Property Tax Compensation Fund ofthe County of Orange under Section 97.70 of the Revenue and TaxationCode in any manner that would adversely affect the security of, orthe ability of the county to pay the principal of and interest on,the certificates of participation or lease-revenue bonds entitled tothe pledge granted by this section. However, nothing precludes anyalteration or amendment if and when adequate provision has been madeby law for the protection from impairment of the contract representedby the certificates of participation or lease-revenue bonds, and theright to so alter or amend is hereby reserved. The County of Orangemay include this covenant of the state in the agreements or otherdocuments underlying the certificates of participation orlease-revenue bonds.25350.60. (a) The board of supervisors of a county may, byordinance, authorize a county officer it deems appropriate to performany or all acts necessary to approve and accept for the county theacquisition of any interest in real property. (b) The authorization shall specify procedures for the exercise ofthe authority by the officer so designated and shall establish adollar limit on any purchase price. (c) A county officer's authority granted by ordinance under thissection may not be effective for more than five years.25350.7. (a) Prior to entering into an agreement to finance thelease or lease-purchase of property through the execution anddelivery or issuance, as the case may be, of certificates ofparticipation or lease revenue bonds, the board of supervisors of theCounty of Orange may elect, by resolution, to guarantee paymentunder that financing agreement in accordance with the following: (1) If the county elects to participate under this section, itshall provide notice to the Controller of that election, and thenotice shall include a schedule for the payments to be made by thecounty under that financing agreement and identify a trusteeappointed by the county for the purpose of this section. (2) In the event that, for any reason, the funds available to thecounty will not be sufficient to make any payment under the financingagreement at the time that payment is required, the county shall sonotify the trustee and deliver to the Controller a duly certifiedcopy of the resolution of its board of supervisors adopted pursuantto Section 29530.5. The trustee shall immediately communicate thatinformation to the affected holders of certificates of participationor bondholders and to the Controller. (3) When the Controller receives notice from the trustee, and acopy of the resolution from the county, as described in paragraph(2), or, after having adopted the resolution specified in paragraph(2), the county fails to make any payment under the financingagreement at the time that payment is required, the Controller shallmake an apportionment to the trustee in the amount of that requiredpayment for the purpose of making that payment. The Controller shallmake that payment only from moneys to be transmitted to the county bythe State Board of Equalization under Section 7204 of the Revenueand Taxation Code, that are derived from that portion of the salesand use taxes imposed by the county in excess of 1 percent, pursuantto Part 1.5 (commencing with Section 7200) of Division 2 of theRevenue and Taxation Code, and that are permitted to be deposited inthe general fund of the county pursuant to Section 29530.5. TheController shall thereupon reduce, by the amount of the payment, thesubsequent amounts to which the county would be entitled under thatsection. (b) As an alternative to the procedure set forth in paragraphs (2)and (3) of subdivision (a), the board of supervisors may, on orafter the date of adoption by the board of the resolution specifiedin Section 29530.5, provide a transfer schedule in a notice to theController of its election to participate under this section. Thetransfer schedule shall set forth the amounts to be transferred tothe trustee and the date or dates for the transfers, and theController shall, subject to the limitations in the second and thirdsentences of paragraph (3) of subdivision (a), make apportionments tothe trustee in those amounts on the specified date or dates for thepurpose of making those transfers. (c) In the event that, for any reason, the county is no longerobligated, for any period, to make all or a portion of the paymentswith respect to the lease or lease-purchase financed through theexecution and delivery or issuance, as the case may be, ofcertificates of participation or lease revenue bonds, the trusteeshall so notify the affected holders of certificates of participationor bondholders and the Controller. Upon receipt of the notification,the Controller shall cease making the transfers. If, after thegiving of the notice, the obligation of the county to make paymentswith respect to the lease or lease-purchase financed through theexecution and delivery or issuance of certificates of participationor lease revenue bonds is restored, the trustee shall so notify theaffected holders of certificates of participation or bondholders andthe Controller. Upon receipt of the notification, the Controllershall resume making the transfers. (d) Any election made by the county pursuant to this section shallbe in addition to any other election made by the county pursuant toany other applicable provision of law to guarantee the obligation ofthe county to make payments with respect to the lease orlease-purchase of property financed through the certificates ofparticipation or lease revenue bonds.25350.75. (a) Prior to entering into an agreement to finance thelease or lease-purchase of property through the execution anddelivery or issuance, as the case may be, of certificates ofparticipation or lease revenue bonds, or at any time with respect toa financing agreement with respect to which an election has been madeunder Section 25350.7, the board of supervisors of a county of thesecond class may elect, by resolution, to guarantee payment underthat financing agreement in accordance with the following: (1) If the county elects to participate under this section, itshall provide notice to the Controller of that election, and thenotice shall include a schedule for the payments to be made by thecounty under that financing agreement and identify a trusteeappointed by the county for the purpose of this section. (2) In the event that, for any reason, the funds available to thecounty will not be sufficient to make any payment under the financingagreement at the time that payment is required, the county shall sonotify the trustee and deliver to the Controller a duly certifiedcopy of the resolution of its board of supervisors adopted pursuantto Section 29530.6. The trustee shall immediately communicate thatinformation to the affected holders of certificates of participationor bondholders and the Controller. (3) When the Controller receives notice from the trustee, and acopy of the resolution from the county, as described in paragraph(2), or, after having adopted the resolution specified in paragraph(2), the county fails to make any payment under the financingagreement at the time that payment is required, the Controller shallmake an apportionment to the trustee in the amount of that requiredpayment for the purposes of making that payment. The Controller shallmake that payment only from moneys to be transmitted to the countyby the State Board of Equalization under Section 7204 of the Revenueand Taxation Code, that are derived from that portion of the salesand use taxes imposed by the county in excess of 1 percent pursuantto Part 1.5 (commencing with Section 7200) of Division 3 of theRevenue and Taxation Code, and that are permitted to be deposited inthe general fund of the county pursuant to Section 29530.6. TheController shall thereupon reduce, by the amount of the payment, thesubsequent amounts to which the county would be entitled under thatsection. (b) As an alternative to the procedure set forth in paragraphs (2)and (3) of subdivision (a), the board of supervisors of a county ofthe second class may, on or after the date of adoption by the boardof the resolution specified in Section 29530.6, provide a transferschedule in a notice to the Controller and the State Board ofEqualization of its election to participate under this section. Thetransfer schedule shall set forth the amounts to be transferred tothe trustee and the date or dates for the transfers, and theController shall, subject to the limitation in the second and thirdsentences of paragraph (3) of subdivision (a), make apportionments tothe trustee in those amounts on the specified date or dates for thepurpose of making those transfers. (c) If a county of the second class is no longer obligated for anyperiod to make all or a portion of the payments with respect to thelease or lease-purchase financed through the execution and deliveryor issuance, as the case may be, of certificates of participation orlease revenue bonds, the trustee shall so notify the affected holdersof certificates of participation or bondholders, the Controller, andthe State Board of Equalization. Upon receipt of the notification,the Controller shall cease making the transfers. If, after the givingof the notice, the obligation of the county to make payments withrespect to the lease or lease-purchase financed through the executionand delivery or issuance of certificates of participation or leaserevenue bonds is restored, the trustee shall so notify the affectedholders of certificates of participation or bondholders, theController, and the State Board of Equalization. Upon receipt of thenotification, the Controller shall resume making the transfers. (d) Any election made by a county of the second class pursuant tothis section shall be in addition to any other election made by thecounty pursuant to any other applicable provision of law to guaranteethe obligation of the county to make payments with respect to thelease or lease-purchase of property financed through certificates ofparticipation or lease revenue bonds.25350.8. (a) Taxes collected by the State Board of Equalizationpursuant to Section 7204 of the Revenue and Taxation Code, that arederived from that portion of the taxes imposed by the County ofOrange in excess of 1 percent, and for the period beginning on andafter July 1, 2004, and ending when the rate modifications insubdivision (a) of Section 7203.1 of the Revenue and Taxation Codecease to apply, that are derived from that portion of the taxesimposed by that county in excess of one-half of 1 percent, pursuantto Part 1.5 (commencing with Section 7200) of Division 2 of theRevenue and Taxation Code, and that are permitted to be deposited tothe general fund of the county pursuant to paragraph (1) ofsubdivision (a) of Section 29530.5 shall be pledged, without thenecessity for specific authorization of the pledge by the board ofsupervisors, to all certificates of participation or lease revenuebonds executed and delivered or issued, as the case may be, duringthe years 1996 and 1997, including obligations executed and deliveredor issued before 2010, to refund those certificates of participationor lease revenue bonds, to finance or refinance the lease orlease-purchase of property of the county and having a stated maturityof 20 years or more. Any refunding obligations may not have a finalmaturity later than the final maturity of the refunded obligations.The amount so pledged with respect to any fiscal year of the countymay not exceed the amounts to be paid in that fiscal year on thosecertificates or lease revenue bonds. (b) The pledge of taxes pursuant to this section shall constitutea contract between the County of Orange and the owners of any of thecertificates of participation or lease revenue bonds and shall beprotected from impairment by the United States and CaliforniaConstitutions. The state hereby covenants with the owners of anycertificates of participation or lease revenue bonds entitled to thepledge granted by this section that, as long as any of thecertificates of participation or lease revenue bonds entitled to thepledge granted by this section shall remain outstanding, (1) theprovisions of Section 7202 that authorize the imposition of the taxesmay not be repealed and (2) the provisions of paragraph (1) ofsubdivision (a) of Section 29530.5 may not be repealed prior to July1, 2011, nor may either section be altered or amended in any mannerthat would adversely affect the security of, or the ability of thecounty to pay, the principal of and interest on the certificates ofparticipation or lease revenue bonds entitled to the pledge grantedby this section. However, nothing precludes any alteration oramendment if and when adequate provision has been made by law for theprotection from impairment of the contract represented by thecertificates of participation or lease revenue bonds, and the rightto so alter or amend is hereby reserved. The county may include thiscovenant of the state in the agreements or other documents underlyingthe certificates of participation or lease revenue bonds.25350.85. (a) Taxes collected by the State Board of Equalizationpursuant to Section 7204 of the Revenue and Taxation Code, that arederived from that portion of the taxes imposed by a county of thesecond class in excess of 1 percent, and for the period beginning onand after July 1, 2004, and ending when the rate modifications insubdivision (a) of Section 7203.1 of the Revenue and Taxation Codecease to apply, that are derived from that portion of the taxesimposed by that county in excess of one-half of 1 percent, pursuantto Part 1.5 (commencing with Section 7200) of Division 2 of theRevenue and Taxation Code, and that are permitted to be deposited inthe general fund of a county pursuant to paragraph (1) of subdivision(a) of Section 29530.6 shall be pledged, without the necessity forspecific authorization of the pledge by the board of supervisors, toall certificates of participation or lease revenue bonds executed anddelivered or issued, as the case may be, during the year 1996,including obligations executed and delivered or issued before 2010 torefund those certificates of participation or lease revenue bonds,to finance or refinance the lease or lease-purchase of property ofthe county and having a stated maturity of 20 years or more. Anyrefunding obligations may not have a final maturity later than thefinal maturity of the refunded obligations. The amount so pledgedwith respect to any fiscal year of the county may not exceed theamount to be paid in that fiscal year on those certificates or leaserevenue bonds. (b) The pledge of taxes pursuant to this section shall constitutea contract between a county of the second class and the owners of anyof the certificates of participation or lease revenue bonds andshall be protected from impairment by the United States andCalifornia Constitutions. The state hereby covenants with the ownersof any certificates of participation or lease revenue bonds entitledto the pledge granted by this section that, so long as any of thecertificates of participation or lease revenue bonds entitled to thepledge granted by this section shall remain outstanding, (1) theprovisions of Section 7202 that authorize the imposition of the taxesmay not be repealed and (2) the provisions of paragraph (1) ofsubdivision (a) of Section 29530.6 may not be repealed prior to July1, 2011, nor may either section be altered or amended prior to thatdate in any manner that would adversely affect the security of, orthe ability of the county to pay, the principal of and interest onthe certificates of participation or lease revenue bonds entitled tothe pledge granted by this section. However, nothing precludes anyalteration or amendment if and when adequate provision has been madeby law for the protection from impairment of the contract representedby the certificates of participation or lease revenue bonds, and theright to so alter or amend is hereby reserved. The county mayinclude this covenant of the state in the agreements or otherdocuments underlying the certificates of participation or leaserevenue bonds.25350.9. (a) Prior to entering into an agreement to finance thelease or lease-purchase of property through the execution anddelivery or issuance, as the case may be, of certificates ofparticipation or lease revenue bonds, the Board of Supervisors of theCounty of Orange may elect, by resolution, to guarantee paymentunder that financing agreement in accordance with the following: (1) If the county elects to participate under this section, itshall provide notice to the Controller of that election, and thenotice shall include a schedule for the payments to be made by thecounty under that financing agreement and identify a trusteeappointed by the county for the purpose of this section. (2) In the event that, for any reason, the funds available to thecounty will not be sufficient to make any payment under the financingagreement at the time that payment is required, the county shall sonotify the trustee. The trustee shall immediately communicate thatinformation to the affected holders of certificates of participationor bondholders and to the Controller. (3) When the Controller receives notice from the trustee asspecified in paragraph (2) or the county fails to make any paymentunder the financing agreement at the time that payment is required,the Controller shall make an apportionment to the trustee in theamount of that required payment for the purpose of making thatpayment. The Controller shall make that payment only from moneys tobe transmitted to the county by the State Board of Equalization underSection 7204 of the Revenue and Taxation Code, that are derived fromthat portion of the sales and use taxes imposed by the countypursuant to Part 1.5 (commencing with Section 7200) of Division 2 ofthe Revenue and Taxation Code, other than that portion of the taxesdescribed in Section 29530.5, and shall thereupon reduce, by theamount of the payment, the subsequent amounts to which the countywould be entitled under that section. (b) As an alternative to the procedure set forth in paragraphs (2)and (3) of subdivision (a), the board of supervisors of the countymay provide a transfer schedule in a notice to the Controller of itselection to participate under this section. The transfer scheduleshall set forth amounts to be transferred to the trustee and the dateor dates for the transfers and the Controller shall, subject to thelimitation in the second sentence of paragraph (3) of subdivision(a), make apportionments to the trustee in those amounts on thespecified date or dates for the purpose of making those transfers. (c) If the county is no longer obligated for any period to makeall or a portion of the payments with respect to the lease orlease-purchase financed through the execution and delivery orissuance, as the case may be, of certificates of participation orlease revenue bonds, the trustee shall so notify the affected holdersof certificates of participation or bondholders and the Controller.Upon receipt of the notification, the Controller shall cease makingthe transfers. If, after the giving of the notice, the obligation ofthe county to make payments with respect to the lease orlease-purchase financed through the execution and delivery orissuance of certificates of participation or lease revenue bonds isrestored, the trustee shall so notify the affected holders ofcertificates of participation or bondholders and the Controller. Uponreceipt of the notification, the Controller shall resume making thetransfers. (d) Any election made by the county pursuant to this section shallbe in addition to any other election made by the county pursuant toany other applicable provision of law to guarantee the obligation ofthe county to make payments with respect to the lease orlease-purchase of property financed through certificates ofparticipation or lease revenue bonds.25350.95. (a) Prior to entering into an agreement to finance thelease or lease-purchase of property through the execution anddelivery or issuance, as the case may be, of certificates ofparticipation or lease revenue bonds, or at any time with respect toa financing agreement with respect to which an election has been madeunder Section 25350.9, the board of supervisors of a county of thesecond class may elect, by resolution, to guarantee payment underthat financing agreement in accordance with the following: (1) If a county elects to participate under this section, it shallprovide notice to the Controller of that election, and the noticeshall include a schedule for the payments to be made by the countyunder that financing agreement and identify a trustee appointed bythe county for the purpose of this section. (2) In the event that, for any reason, the funds available to thecounty will not be sufficient to make any payment under the financingagreement at the time that payment is required, the county shall sonotify the trustee. The trustee shall immediately communicate thatinformation to the affected holders of certificates of participationor bondholders and to the Controller. (3) When the Controller receives notice from the trustee asspecified in paragraph (2) or the county fails to make any paymentunder the financing agreement at the time that payment is required,the Controller shall make an apportionment to the trustee in theamount of that required payment for the purpose of making thatpayment. The Controller shall make that payment only from moneys tobe transmitted to the county by the State Board of Equalization underSection 7204 of the Revenue and Taxation Code, that are derived fromthat portion of the sales and use taxes imposed by the countypursuant to Part 1.5 (commencing with Section 7200) of Division 2 ofthe Revenue and Taxation Code, other than the portion of the taxesdescribed in Section 29530.6, and shall thereupon reduce, by theamount of the payment, the subsequent amounts to which the countywould be entitled under that section. (b) As an alternative to the procedure set forth in paragraphs (2)and (3) of subdivision (a), the board of supervisors of a county mayprovide a transfer schedule in a notice to the Controller and theState Board of Equalization of its election to participate under thissection. The transfer schedule shall set forth amounts to betransferred to the trustee and the date or dates for the transfersand the Controller shall, subject to the limitation in the secondsentence of paragraph (3) of subdivision (a), make apportionments tothe trustee in those amounts on the specified date or dates for thepurpose of making those transfers. (c) If the county is no longer obligated for any period to makeall or a portion of the payments with respect to the lease orlease-purchase financed through the execution and delivery orissuance, as the case may be, of certificates of participation orlease revenue bonds, the trustee shall so notify the affected holdersof certificates of participation or bondholders, the Controller, andthe State Board of Equalization. Upon receipt of the notification,the Controller shall cease making the transfers. If after the givingof the notice, the obligation of the county to make payments withrespect to the lease or lease-purchase financed through the executionand delivery or issuance of certificates of participation or leaserevenue bonds is restored, the trustee shall so notify the affectedholders of certificates of participation or bondholders, theController, and the State Board of Equalization. Upon receipt of thenotification, the Controller shall resume making the transfers. (d) Any election made by a county of the second class pursuant tothis section shall be in addition to any other election made by thecounty pursuant to any other applicable provision of law to guaranteethe obligation of the county to make payments with respect to thelease or lease-purchase of property financed through certificates ofparticipation or lease revenue bonds.25350.10. (a) Taxes collected by the State Board of Equalizationpursuant to Section 7204 of the Revenue and Taxation Code, that arederived from the taxes imposed by the County of Orange pursuant toPart 1.5 (commencing with Section 7200) of Division 2 of the Revenueand Taxation Code, other than that portion of those taxes specifiedin Section 29530.5, and any moneys allocated from the Sales and UseTax Compensation Fund to the County of Orange pursuant to Section97.68 of the Revenue and Taxation Code, shall be pledged, without thenecessity for specific authorization of the pledge by the board ofsupervisors, to all certificates of participation or lease revenuebonds executed and delivered or issued, as the case may be, duringthe years 1996 and 1997, including obligations executed and deliveredor issued before 2010, to refund those certificates of participationor lease revenue bonds, to finance or refinance the lease orlease-purchase of property of the county and having a stated maturityof 20 years or more. Any refunding obligations may not have a finalmaturity later than the final maturity of the refunded obligations.The amount so pledged with respect to any fiscal year of the countymay not exceed the amounts to be paid in the fiscal year on thosecertificates or lease revenue bonds. (b) The pledge of taxes pursuant to this section shall constitutea contract between the county and the owners of any of thecertificates of participation or lease revenue bonds and shall beprotected from impairment by the United States and CaliforniaConstitutions. The state hereby covenants with the owners of anycertificates of participation or lease revenue bonds entitled to thepledge granted by this section that, as long as any of thecertificates of participation or lease revenue bonds entitled to thepledge granted by this section shall remain outstanding, theprovisions of Section 7202 of the Revenue and Taxation Code thatauthorize the imposition of the taxes may not be repealed. Thatsection may not be altered or amended in any manner that wouldadversely affect the security of, or the ability of the county topay, the principal of and interest on the certificates ofparticipation or lease revenue bonds entitled to the pledge grantedby this section. However, nothing precludes any alteration oramendment if and when adequate provision has been made by law for theprotection from impairment of the contract represented by thecertificates of participation or lease revenue bonds, and the rightto so alter or amend is hereby reserved. The county may include thiscovenant of the state in the agreements or other documents underlyingthe certificates of participation or lease revenue bonds.25350.105. (a) Taxes collected by the State Board of Equalizationpursuant to Section 7204 of the Revenue and Taxation Code, that arederived from the taxes imposed by a county of the second classpursuant to Part 1.5 (commencing with Section 7200) of Division 2 ofthe Revenue and Taxation Code, other than that portion of those taxesspecified in Section 29530.6, and any moneys allocated from theSales and Use Tax Compensation Fund to the county of the second classpursuant to Section 97.68 of the Revenue and Taxation Code, shall bepledged, without the necessity for specific authorization of thepledge by the board of supervisors, to all certificates ofparticipation or lease revenue bonds executed and delivered orissued, as the case may be, during the year 1996, includingobligations executed and delivered or issued before 2010 to refundthose certificates of participation or lease revenue bonds, tofinance the lease or lease-purchase of property of the county andhaving a stated maturity of 20 years or more. Any refundingobligation may not have a final maturity later than the finalmaturity of the refunded obligations. The amount so pledged withrespect to any fiscal year of the county may not exceed the amountsto be paid in the fiscal year on those certificates or lease revenuebonds. (b) The pledge of taxes pursuant to this section shall constitutea contract between the county and the owners of any of thecertificates of participation or lease revenue bonds and shall beprotected from impairment by the United States and CaliforniaConstitutions. The state hereby covenants with the owners of anycertificates of participation or lease revenue bonds entitled to thepledge granted by this section that, as long as any of thecertificates of participation or lease revenue bonds entitled to thepledge granted by this section shall remain outstanding, theprovisions of Section 7202 of the Revenue and Taxation Code thatauthorize the imposition of the taxes may not be repealed. However,nothing precludes any alteration or amendment if and when adequateprovision has been made by law for the protection from impairment ofthe contract represented by the certificates of participation orlease revenue bonds, and the right to so alter or amend is herebyreserved. The county may include this covenant of the state in theagreements or other documents underlying the certificates ofparticipation or lease revenue bonds.25350.11. Notwithstanding any other provisions of this chapter, thesum of the amounts pledged with respect to any fiscal year pursuantto Sections 25350.6, 25350.8, and 25350.10 shall not exceed theamounts to be paid in that fiscal year on the certificates ofparticipation or lease revenue bonds entitled to the pledge describedin those sections.25350.115. Notwithstanding any other provisions of this chapter,the sum of the amounts pledged with respect to any fiscal yearpursuant to Sections 25350.6, 25350.85, and 25350.105 shall notexceed the amounts to be paid in that fiscal year on the certificatesof participation or lease revenue bonds entitled to the pledgedescribed in those sections.25351. (a) The board may construct, expand, lease, build, rebuild,furnish, refurnish, or repair buildings for a hospital, almshouse,courthouse, jail, historical museum, aquarium, library, art gallery,art institute, exposition building for exhibiting and advertisingfarming, mining, manufacturing, livestock raising, and otherresources of the county, stadium, coliseum, sports arena, or sportspavilion or other building for holding sports events, athleticcontests, contests of skill, exhibition, spectacles and other publicmeetings, and such other public buildings as are necessary to carryout the work of the county government. (b) Whenever the board of supervisors of a county decides to goout to bid to construct a county building, expand an existingbuilding, expand the use of an existing building, or enter into alease of an existing building within the incorporated territory of acity, the board shall notify in writing, at least 60 days prior togoing to bid or entering into a lease, the city clerk of the citywhere the building is to be constructed, expanded, or leased. (c) In those instances where the board is exempt from the biddingprocess, the board shall notify the city clerk in writing, at least60 days prior to the construction, expansion, or lease of a building. (d) The 60-day notification requirements imposed by subdivisions(b) and (c) may be waived if the city council consents, byresolution, thereto.25351.1. After January 1, 1980, with respect to the construction,purchase, or lease of buildings which are located or will be locatedin a standard metropolitan statistical area (SMSA) with a populationof 250,000 or more according to the most recent decennial census,which is served by a public transit operator, as defined in Section99210 of the Public Utilities Code, the board shall giveconsideration to the location of existing public transit corridors,as defined in Section 50093.5 of the Health and Safety Code, for thearea. Construction, purchase, or lease of buildings at locationsoutside of existing public transit corridors may be approved afterthe board has determined: (1) the purpose of the facility does notrequire transit access; or (2) it is not feasible to locate thefacility in an existing transit corridor; or (3) the transit operatorwill provide service as needed to effectively serve the facility.The board may request the assistance of the transit operator inmaking its determination and shall notify the operator of itsdecision.25351.15. The requirement of Section 25351.1 shall be met if theboard has obtained from the transportation planning agency approvalof its procedures and criteria for giving adequate consideration tothe location of existing public transit corridors when constructing,purchasing, or leasing public buildings, or if the county is servedby a countywide, statutorily created transit district. Before thetransportation planning agency approves such procedures and criteria,any transit operator in the county shall have 45 days to review andcomment.25351.2. In the operation of a county art institute, the board maycharge fees necessary to defray the cost of instruction and may issuecertificates evidencing the completion of courses of instruction tothe satisfaction of the board.25351.3. In addition to its other powers and duties, the board ofsupervisors may do any or all of the following: (a) Acquire land for and construct, lease, sublease, build,furnish, refurnish, or repair buildings for municipal or superiorcourts and for convention and exhibition halls, trade and industrialcenters, auditoriums, opera houses, music halls and centers, motionpicture and television museums, and related facilities used forpublic assembly purposes for the use, benefit and enjoyment of thepublic, including offstreet parking places for motor vehicles, waysof ingress and egress, and any other facilities and improvementsnecessary or convenient for their use. (b) Acquire land and construct buildings, structures andfacilities thereon, in whole or in part, with county funds or it may,by contract or lease with any nonprofit association or corporation,provide for the acquisition of land or the construction of buildings,structures and facilities, or all or any part thereof, for publicassembly purposes, upon the terms the board may determine. (c) Lease, pursuant to Section 25371, any real property owned bythe county and available for public assembly purposes to any person,firm, corporation, or nonprofit association or corporation for publicassembly purposes, with the person, firm, corporation, or nonprofitassociation or corporation to lease the real property, as improved,back to the county for use for the purposes stated in the lease. Anylease authorized by the board under this subdivision, except leasesfor municipal or superior courts, which may be entered into withoutadvertising for bids, shall be awarded to the lowest responsiblebidder after public competitive bidding conducted in the mannerdetermined by the board. Notice inviting bids shall be publishedpursuant to Section 6066 in a newspaper as the board may direct. (d) Enter into a lease or sublease, without advertising for bidstherefor, of buildings, structures, and facilities or any of themwith any nonprofit association or corporation which agrees to use thebuildings, structures, and facilities so leased to it for the publicassembly purposes for which they were or are to be built; orcontract, without advertising, for bids with any nonprofitassociation or corporation for the maintenance, operation, andmanagement of the buildings, structures, and facilities, or any partthereof used for public assembly purposes, including the schedulingand promotion of events therein, for a specified term, not to exceed40 years, upon terms and conditions as may be agreed upon. Theleases, subleases, or contracts shall provide that, at leastannually, there shall be paid to the county the net revenue, if any,from the operation and use of the facilities, remaining after thepayment of expenses and costs, if any, for maintenance, operation ormanagement, interest, and principal payments upon loans to thenonprofit corporation or association for purposes of maintenance,operation, or management, and any other expenses, and after providingmaintenance and operation reserves. The lease, sublease, or contractshall also provide that, upon its expiration, all of the assets ofthe nonprofit association or corporation after payment or dischargeof its indebtedness and liabilities shall be transferred to thecounty. (e) If the county has a population in excess of 4,000,000, withoutadvertising for bids therefor, grant any real property owned by thecounty, or lease, for a term not to exceed 99 years, any realproperty owned by the county, to any city, district, or other publicentity for any of the above public assembly purposes, withoutconsideration, except the agreement of the grantee or lessee to usethe real property for the public assembly purposes specified, andupon terms and conditions which may be agreed upon by the board andthe grantee or lessee. The amendment to this section enacted by Chapter 755 of theStatutes of 1963 shall not be construed to affect or modify the dutyof any county or board of supervisors to provide adequate quartersfor courts but is intended to provide an alternative method offinancing the acquisition of property and buildings for use forcourthouse purposes.25351.35. In the case of any contract or lease described insubdivision (b) of Section 25351.3, obligating the county to makepayments or incur obligations of one million dollars ($1,000,000) ormore, the board shall not enter into such contract or lease unlessand until the board has submitted such contract or lease to thequalified electors of the county at the next general election or at aspecial election to be called by the board for the purpose. Anyspecial election held for this purpose shall conform as nearly aspracticable with the general election law of the State. A summary ofthe provisions of such contract or lease shall be placed on theballot and space provided for marking by voters to indicate theirrespective approval or disapproval of the contract or lease. Only ifa majority of the electors voting at such election vote to approvethe lease or contract as presented, shall the board enter into suchlease or contract. For the purposes of this section, all contracts or leasespertaining to one project shall be considered as one contract orlease. This section shall not apply to any project for which thearchitectural contract has been executed prior to June 1, 1961.25351.4. As used in Section 25351.3, the term "motion picture andtelevision museums" means a museum which includes, but is not limitedto, any one or more of the following facilities: (a) Completely equipped sound stages suitable for demonstrating tothe public the actual filming of motion picture or televisionsequences; (b) Theater facilities suitable for public showings of motionpicture and television films of historical or educational interest; (c) Film archives and related facilities for the physicalpreservation of motion picture and television films; (d) Restaurant and refreshment facilities for the museum staff andthe visiting public; (e) Office facilities which may be rented as general offices toone or more nonprofit corporations which serve the interests of themotion picture or television industries as a whole.25351.5. When a county owns, leases or operates a convention hall,an exhibition hall, an auditorium, an opera house, a music hall andcenter, a museum, an art gallery, or an amphitheater as a place ofpublic assembly for the use, benefit and enjoyment of the public, theboard of supervisors may by ordinance levy an admission tax on thebase purchase price of tickets sold for admission to any suchfacility. "Base purchase price" means the amount which is actuallypaid, and not the regular established price, for admission to thefacility, exclusive of all other taxes, federal, state, or city,which are now or may hereafter be imposed on such admission. No taxshall be due in the case of a person admitted free of charge. The ordinance shall provide for the administration and collectionof the tax. The proceeds of the tax shall be deposited in the countytreasury to be expended for the maintenance and operation of thefacility from which the proceeds are derived. The amount of the taxshall not exceed 10 percent of the base purchase price of admissioncharged and shall not in any event exceed the amount necessary todefray the annual maintenance and operation expense of the facilityfrom which the proceeds are derived.25351.6. As used in Section 25351.3 the term "related facilities,"in connection with music halls or centers constructed and operatedpursuant thereto, shall include, without limitation thereto, anyinstitutes or academies for the performing arts, specificallyincluding the arts of music, drama, and dance, and any otherfacilities which in the opinion of the board may be reasonablynecessary for the full, complete and convenient public use of suchmusic halls and centers.25352. The board may purchase, acquire, construct, equip, andmaintain all necessary tanks, reservoirs, pumps, apparatus, motorvehicles, and other machinery necessary or proper to facilitate theperformance of the work in the county.25353. The board may purchase, receive by donation, lease, orotherwise acquire water rights or real or personal property necessaryfor use of the county for any county buildings, public pleasuregrounds, public parks, botanical gardens, harbors, historicalmonuments, and other public purposes, or upon which to sink wells toobtain water for sprinkling roads and other country purposes. Theboard may improve, preserve, take care of, manage, and control theproperty. Whenever a county has been designated a successor to aharbor improvement district pursuant to Division 1 (commencing withSection 56000) of Title 6 the board of supervisors shall have thesame powers and duties as the former board of directors of suchdistrict with respect to the acquisition, improvement, and managementof harbors or public beaches within the county.25354. The board shall receive from the United States, or othersources, lands and other property granted or donated to the countyfor the purpose of aiding in the erection of county buildings, roads,bridges, or other specific purposes, and may use the property forsuch purposes and provide for its sale and the application of theproceeds.25355. The board may accept or reject any gift, bequest, or devisemade to or in favor of the county, or to or in favor of the board intrust for any public purpose. The board may delegate to any countyofficer or employee the power to accept any gift, bequest, or devisemade to or in favor of the county. The officer or employee shall filewith the board each quarter a report that describes the source andvalue of each gift valued in excess of ten thousand dollars ($10,000)or any other amount as determined by the board. The board may holdand dispose of the property and the income and increase thereof forthose lawful uses and purposes as are prescribed in the terms of thegift, bequest, or devise. In accounting for or inventorying gifts,bequests, or devises, the officer or employee shall follow theappropriate procedures contained in the State Controller's manualentitled "Accounting Standards and Procedures for Counties."25356. If any gift, bequest, or devise is unaccompanied by anyprovision prescribing or limiting the uses and purposes to which theproperty received, or the income or increase thereof, may be put, itmay be put to any uses and purposes which the board prescribes, andthe proceeds or income therefrom shall be paid into the general fundof the county.25357. Whenever any public building belongs to or is used by acounty and is situate on land dedicated to public use but which isnot owned by the county in fee, the board may select and acquire anew site for the building and erect a new building or remodel anexisting building on the new site for the purpose. To this end theboard and the holders of title to the land and any other person orpublic, private, or municipal corporation having an interest therein,may sell the land upon such terms and conditions as are agreed uponby the respective parties, and may abandon or convey their severalinterests and abandon the interest of the public in the land.25358. The board shall provide all necessary officers, employees,attendants, services, and supplies for the proper maintenance, care,and upkeep of the county buildings and grounds, and the board maycontract therefor pursuant to Article 3.5 (commencing with Section20120) of Part 3 of the Public Contract Code.25359. The board may provide for the working of prisoners confinedin the county jail under judgment of conviction of misdemeanors,under the direction of a responsible person appointed by the sheriff,upon the public grounds, roads, streets, alleys, highways,firebreaks, fire roads, riding or hiking trails, or public buildings,or in such other places as are deemed advisable, for the benefit ofthe public.25360. A county may establish and maintain a facility to providesecurity for victims of and witnesses to crimes who have been or maybe subjected to threats or intimidation for the purpose of dissuadingor preventing them from attending or giving testimony at any trial,proceeding, or inquiry authorized by law.25361. The board may insure county buildings and other property inthe name and for the benefit of the county. It may procure indemnityinsurance, including excess fidelity insurance, against loss orliability on account of burglary, forgery, embezzlement, defalcation,or other insurable hazards. All insurance and indemnity shall beprocured only from admitted insurers.25362. The board may grant and convey real property to the UnitedStates or any of its agencies, for use for public purposes, inconsideration of the grant and conveyance of real property to thecounty by the United States or any of its agencies.25363. The board of supervisors may sell or lease at publicauction, and convey to the highest bidder, for cash, any propertybelonging to the county not required for public use. The sale orlease may be made at the courthouse door or at such other placewithin the county as the board orders by a four-fifths vote. Noticeof the sale or lease shall be given for five days prior theretoeither by publication in a newspaper published in the county or byposting in three public places in the county. The proceeds shall bepaid into the county treasury for the use of the county. If in theunanimous judgment of the board, the property does not exceed invalue the sum of five hundred dollars ($500), or the monthly rentalvalue thereof is less than seventy-five dollars ($75), or if it isthe product of the county farm, it may be sold or leased at privatesale without advertising by any member of the board authorized by amajority vote of the board. The sale or lease shall be reported toand confirmed by the board. This section does not apply to thefurnishing of goods to special districts.25364. The board may dispose of surplus plants, trees, shrubs, andnursery stock belonging to the county and not required for publicuse, by public or private sale, or by exchanging them with any personor any other public body for other property required by the county.The sale or exchange may be made without advertisement or competitivebidding.25365. (a) The board of supervisors may, by a four-fifths vote,grant, convey, quitclaim, assign, or otherwise transfer to the stateor to any community redevelopment agency, housing authority,community development commission, surplus property authority, federalagency, city, school district, county board of education, specialdistrict, joint powers agency, or any other public agency within thecounty or exchange with those public agencies, any real or personalproperty, or interest therein belonging to the county upon the termsand conditions as are agreed upon and without complying with anyother provisions of this code, if the property or interest therein tobe granted and conveyed or quitclaimed is not required for countyuse or in the event of an exchange, the property to be acquired isrequired for county use. (b) The board of supervisors may also, by a four-fifths vote,exchange real property with any person, firm, or corporation, for thepurpose of removing defects in the title to real property owned bythe county, or where the real property to be exchanged is notrequired for county use and the property to be acquired is requiredfor county use. If the real properties to be exchanged are not ofequal value, either party to the exchange may contribute cash orother real property assets, acceptable to the other party, to balancethe transaction. The value of any private real property exchangedshall be equal to, or greater than, 75 percent of the value of thecounty property offered in exchange. The cash or other real propertyassets to be added to balance the transaction shall not be greaterthan 25 percent of the value of the county property proposed forexchange. (c) Unless the public agency to which the property is transferredpursuant to this section and the public agency transferring theproperty are governed by the same county board of supervisors, thetransferring board of supervisors shall publish a notice of itsintended action pursuant to Section 6061 at least one week priorthereto in a newspaper of general circulation published in thecounty.25365.5. The board of supervisors of a county, without complyingwith any other provision of this code, may at any time hereinafterdonate, or transfer for such consideration as it determines, landsowned by the county, which the board of supervisors deems is notrequired for other purposes, to a community services district withinthe county, or to a trustee therefor, for the following purposes: (1) To allow such district to sell, lease or otherwise dispose of,either privately or by public auction, for cash or subject to suchfinancing as it determines, said land or any portion thereof, and (2) To utilize the net proceeds therefrom to repay a loan from anyappropriate source to such district for the construction of streets,drainage, sewage and other public facilities within a townsitereplacing an old townsite devastated by floods occurring in December1964 or January 1965. Any such donation or transfer to such district for less than thefull market value of such land is hereby declared to be for a publicpurpose. The county may give assurances to or enter into a written contractwith the district or other agency respecting the donation ortransfer for the purpose of facilitating the loan.25365.6. The board of supervisors of a county of over 4,000,000population, without complying with any other provision of law, maytransfer with or without consideration and upon such terms andconditions as it determines, any easement, license or other interestin real property belonging to the county and not needed for countypurposes to any water agency for such purposes as are consistent withthe powers and duties of such districts or agencies. Any such donation or transfer may be by way of grant, quitclaim,dedication, lease or license. Any such donation or transfer for less than the full market valueof the interest conveyed is hereby declared to be for a publicpurpose.25366. The board may perform services for and sell personalproperty to any road improvement, lighting, irrigation, waterworks,flood control, or other special district within the county whoseaffairs and funds are under the supervision and control of the boardor for which the board is ex officio the governing body.25366.5. In the case of real property which is leased, sold,exchanged, or otherwise disposed of pursuant to this chapter, thefailure of the county to comply with the procedures applicable tosuch lease, sale, exchange, or other disposition shall not invalidatethe interest of a bona fide lessee, purchaser, or encumbrancer forvalue.25367. The board may vacate or abandon county easements for lightand air or any other easement of the county intended to prohibit theconstruction of certain structures whenever it determines that theeasements are no longer required for public use.25368. The board of supervisors of any county in which a localhospital district including the entire county has been organizedpursuant to Division 23 of the Health and Safety Code, by unanimousvote, may convey to the local hospital district any real propertyused for hospital purposes, without consideration other than theagreement of such district to maintain the hospital for the use ofthe residents of the county.25369. By a four-fifths vote of the board of supervisors, anycounty in which a local hospital district including the entire countyhas been organized may grant any money accumulated in a capitaloutlay fund pursuant to Article 4 (commencing with Section 53730) ofChapter 4, Part 1, Division 2, Title 5 of the Government Code to thelocal hospital district.25369.5. In any county having a department under the management andcontrol of a county forester and fire warden, the board mayauthorize rescue or first aid service, or both, as a function of thatdepartment and may appoint agents and employees and acquire neededproperty and equipment for such purposes.25371. Notwithstanding any other provision of law, the board ofsupervisors of any county or city and county is hereby authorized andempowered to let to any person, firm or corporation, for a term notto exceed 40 years, any real property which belongs to the county orcity and county; provided, that the use to which such property willbe put, after construction thereon, is consistent with the use orpurposes contemplated upon the original acquisition of such propertyor to which such property has been dedicated. Property leasedpursuant to this section may be used for purposes inconsistent withthe use or purposes contemplated upon the original acquisition ofsuch property by the county or city and county or to which suchproperty has been dedicated if the property has belonged to thecounty or city and county for 10 years and such use or purposes havebeen abandoned. Any instrument by which such property is let as aforesaid shallrequire the lessee therein to construct on the demised premises abuilding or buildings for the use of the county or city and countyduring the term thereof, shall provide that title to such buildingshall vest in the county or city and county at the expiration of saidterm and shall contain such other terms and conditions as the boardof supervisors may deem to be in the best interests of the county orcity and county. No county or city and county shall enter into anysuch contract if at the time 60 percent of the total payments whichwould become due from the county or city and county if all leases,including the contract to be let, entered into under the authority ofthis section, were to run their full term plus the total amount ofcounty or city and county bonded indebtedness outstanding at saidtime exceeds the maximum bonded indebtedness of the county or cityand county.25372. (a) Except as restricted by any conditions by which thecounty acquired the property, the board of supervisors may donate orlease any real or personal property that the board declares to besurplus to any public agency or organization exempt from taxationlisted in subdivision (b). The board may impose on the donation orlease any terms and conditions that it determines to be appropriate. (b) This section applies to all of the following: (1) An organization exempt fr