ARTICLE VIIa TEMPORARY TRANSFERS OF FUNDS TO SPECIFIED AGENCIES WITHIN THE COUNTY OF SAN DIEGO*
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*Note -- Article VIIa, Building Inspection Department, added by Ord. No. 2468 (N.S.), adopted 12-4-62, and repealed by Ord. No. 3100 (N.S.), adopted 8-8-67; a new Article VIIA, Building Inspection Department, added by Ord. No. 3464 (N.S.), adopted 2-10-70, and repealed by Ord. No. 4514 (N.S.), effective 6-26-75, operative 7-1-75; a new Article VIIa, TEMPORARY TRANSFERS OF FUNDS TO SPECIFIED AGENCIES WITHIN THE COUNTY OF SAN DIEGO, added by Ord. No. 6507 (N.S.), effective 7-7-83.
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Section 6 of Article XVI of the California Constitution provides in part that “the treasurer of any city, county, or city and county shall have power and the duty to make such temporary transfers from the funds in custody as may be necessary to provide funds for meeting the obligations incurred for maintenance purposes by city, county, city and county, district, or other political subdivision whose funds are in custody and are paid out solely through the treasurer’s office.” Such a transfer is to be made “only upon resolution adopted by the governing body of the city, county, or city and county directing the treasurer of such city, county or city and county to make such temporary transfer.” Education Code Section 42620 contains comparable provisions with specific reference to school districts and to the county school service fund, and Education Code Section 85220 contains comparable provisions with respect to community college districts. The purpose of this Article is to establish a procedure whereby the County Auditor and Controller and the County Treasurer-Tax Collector can act upon requests for temporary transfers of funds to specified agencies within the County of San Diego without the necessity of action by the Board of Supervisors with respect to each individual request.
Cross reference(s) -- Chief administrative officer to recommend transfer of items in budget, § 129.
Upon written request to the Board of Supervisors by the governing body of a school district, community college district, special district, or other political subdivision, or by the County Board of Education with respect to the County school service fund, for a temporary transfer of funds as authorized under the constitutional or statutory provisions cited in Section 119.1 of this Article, or upon the determination of the Board of Supervisors that a temporary transfer of funds to districts and entities whose governing body is the Board of Supervisors is needed and authorized, and after completion by the County Auditor and Controller and by the County Treasurer-Tax Collector of all of the steps set forth in the procedure hereinafter described, the County Auditor and Controller and the County Treasurer-Tax Collector shall make a temporary transfer of funds to the requesting agency, not to exceed 85% of the amount of money which will accrue to a school district, community college district, or the County school service fund during the fiscal year, and not to exceed 85% of the anticipated revenues accruing to a special district, other political subdivision, or entity, provided that the amount of such transfer has been determined by the County Auditor and Controller to be transferable under the constitutional and statutory provisions cited in Section 119.1 of this Article and has been certified by the County Treasurer-Tax Collector to be available. Such temporary transfer of funds shall not be made prior to the first day of the fiscal year nor after the last Monday in April of the current fiscal year. Funds transferred to the credit of a school district, community college district, or the County school service fund shall be retransferred by the County Auditor and Controller and by the County Treasurer-Tax Collector to the fund from which they were taken from the first moneys accruing to the school district, community college district, or the County school service fund and before any other obligation of the requesting agency is paid from the money accruing. Funds transferred to a special district, other political subdivision, or entity shall be replaced from the revenues accruing to such special district, other political subdivision, or entity before any other obligation of the requesting agency is met from such revenue.
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