SB 128, as amended, Emmerson. Community facilities districts: transfer of governance authority.
Existing law, the Mello-Roos Community Facilities Act of 1982, authorizes a local agency, as defined, to initiate proceedings to establish a community facilities district for purposes of financing certain public capital facilities and services, especially in developing areas and areas undergoing rehabilitation. Existing law authorizes the authority for the governance of one or more community facilities districts to be transferred from the jurisdiction of a county to the jurisdiction of a city upon written agreement entered into between the governing boards of the county and the city and satisfaction of certain conditions.
This bill would authorize the Hemet Unified School District Community Facilities District No. 2005-1 to be transferred from the jurisdiction of the Hemet Unified School District to the Temecula Valley Unified School District upon written agreement entered into between the governing boards of those school districts, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for Hemet Unified School District Community Facilities District No. 2005-1.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) The French Valley community, located in unincorporated
4Riverside County, is located in close proximity to the schools of
5the Temecula Valley Unified School District. However, due to
6current school district boundary lines, French Valley students are
7required to travel long distances by bus to attend schools of the
8Hemet Unified School District.
9(b) In 2009, with the support of both the Hemetbegin delete Valleyend delete Unified
10School District and the Temecula Valley
Unified School District,
11proceedings were initiated with the Riverside County Committee
12on School District Organization to transfer French Valley from
13the Hemetbegin delete Valleyend delete Unified School District to the Temecula Valley
14Unified School District, under the French Valley Reorganization
15Plan. Approval of the French Valley Reorganization Plan would
16authorize French Valley students to permanently attend local
17schools of the Temecula Valley Unified School District.
18(c) A portion of the French Valley area to be transferred also
19includes an existing community facilities district, known as the
20Hemet Unified School Districtbegin delete CFDend deletebegin insert
Community Facilities Districtend insert
21 No. 2005-1, to provide necessary educational and facility financing.
22To effectuate the French Valley Reorganization Plan, Hemet
23Unified School District CFD No. 2005-1 must also be transferred
24from the Hemetbegin delete Valleyend delete Unified School District to the Temecula
25Valley Unified School District.
26(d) Legislative approval is required because the Riverside
27County Committee of School District Organization lacks the
28authority to approve the transfer of the governance of the Hemet
29Unified School District CFD No. 2005-1 from the Hemetbegin delete Valleyend delete
30 Unified School District to the Temecula Valley Unified School
31District.
32(e) French Valley students are currently attending schools of
33the Temecula Valley Unified School District pursuant to temporary
P3 1interdistrict transfers, pending final approval of the French Valley
2Reorganization Plan. Approval of the French Valley Reorganization
3Plan and transfer of Hemet Unified School District CFD No.
42005-1 from the Hemetbegin delete Valleyend delete Unified School District to the
5Temecula Valley Unified School District will provide comfort to
6these children and their families in that they may continue to attend
7their neighborhood school on a permanent basis.
8(f) It is necessary and desirable that a process be established
9under which the governance of Hemetbegin delete Valleyend delete
Unified School
10District CFD No. 2005-1 may be transferred from the governing
11board of the Hemet Unified School District to the governing board
12of the Temecula Valley Unified School District.
Notwithstanding any other law, the jurisdiction of the
14Hemet Unified School Districtbegin delete CFDend deletebegin insert Community Facilities Districtend insert
15 No. 2005-1, may be transferred from the Hemet Unified School
16District to the Temecula Valley Unified School District upon
17written agreement entered into between the governing boards of
18those school districts. Except as otherwise may be provided in the
19written agreement, upon the effective date of the transfer of
20jurisdiction pursuant to the written agreement all of the following
21shall apply:
22(a) The legislative body empowered pursuant to Chapter 2.5
23(commencing with Section 53311) of Part 1 of Division 2 of Title
245 of the Government Code to exercise authority over Hemet
25Unified School District CFD No. 2005-1 shall be the governing
26board of the Temecula Valley Unified School District.
27(b) The Hemet Unified School District shall not bear any liability
28for any action taken with regard to Hemet Unified School District
29CFD No. 2005-1 on or after the effective date of the transfer of
30jurisdiction.
31(c) The Temecula Valley Unified School District shall not bear
32any liability for any action taken with regard to Hemet Unified
33School District CFD No. 2005-1 before the effective date of the
34transfer of
jurisdiction.
The Legislature finds and declares that a special law
36is necessary and that a general law cannot be made applicable
37within the meaning of Section 16 of Article IV of the California
38Constitution because of the unique circumstances related to the
39transfer of territory from the Hemet Unified School District to the
40Temecula Valley Unified School District.
This act is an urgency statute necessary for the
2immediate preservation of the public peace, health, or safety within
3the meaning of Article IV of the Constitution and shall go into
4immediate effect. The facts constituting the necessity are:
5Completion of the transfer of territory from the Hemet Unified
6School District to the Temecula Valley Unified School District
7before the start of the 2013-14 school year will avoid disruptions
8associated with mid-year transfers.
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