Alternate Procedure for Approving Issuance of Bonds
San Diego Municipal Code § 61.2614
in effect§61.2614 Alternate Procedure for Approving Issuance of Bonds
(a) As an alternate and independent procedure for conducting an election on the proposition to authorize bonded indebtedness for a special tax district formed pursuant to section 61.2613 and in lieu of the procedure set forth in sections 53353.5, 53354 and 53355 of the Act, the proposition to authorize bonded indebtedness may be approved by the owner or owners of the first parcel or parcels of property to be annexed at an election to be held at the time that such parcel or parcels are annexed to the special tax district and thereafter pursuant to the unanimous approval described in section 61.2613. No additional hearings or procedures are required, and such unanimous written approval shall be deemed to constitute a unanimous vote in favor of such proposition.
(b) Notwithstanding the provisions of section 53359 of the Act and section 61.2608, the City may bring an action pursuant to Chapter 9 (commencing with section 860) of Division 5 of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of any bonds issued pursuant to this Division and authorized pursuant to the procedures set forth in this section 61.2614. Notwithstanding the provisions of section 53359 of the Act and section 61.2608, if an action is brought by an interested person pursuant to Code of Civil Procedure section 863 to determine the validity of any bonds issued pursuant to this Division and authorized pursuant to the procedures set forth in this section 61.2614, the action shall be brought pursuant to Chapter 9 (commencing with section 860) of Division 5 of Title 10 of Part 2 of the Code of Civil Procedure, but shall, notwithstanding the time limits specified in Code of Civil Procedure section 860, be commenced within thirty days after the effective date of the resolution described in section 53351 of the Act. Any appeal from a judgment in any action or proceeding described in this subdivision shall be commenced within thirty days after entry of judgment.
(c) With respect to a special tax district formed pursuant to section 61.2613, nothing in this section shall prohibit the City from obtaining the approval of the qualified electors with respect to a particular parcel or parcels as to the authorization to incur bonded indebtedness for the special tax district pursuant to any other procedure authorized pursuant to the Act.
(Added 2-26-2010 by O-19930 N.S.; effective 3-28-2010.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter06/Ch06Art01Division26.pdf#page=8Fetched: 10/28/2026