text:
(a) (1) In addition to any other remedy provided by law, including the current powers of charter cities, the legislative body of a city, county, or city and county may collect any fee, cost, or charge incurred in any of the following:

(A) The abatement of public nuisances.

(B) The correction of any violation of any law, regulation, or local ordinance that would also be a violation of Section 1941.1 of the Civil Code.

(C) The enforcement of zoning ordinances adopted pursuant to Chapter 4 (commencing with Section 65800) of Division 1 of Title 7 or any other constitutional or statutory authority.

(D) Inspections and abatement of violations of Article 1 (commencing with Section 13100) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code and regulations or ordinances adopted pursuant to that article.

(E) Inspections and abatement of violations of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code) and regulations or ordinances adopted pursuant to that part.

(F) Inspections and abatement of violations of the California Building Standards Code (Title 24 of the California Code of Regulations).

(G) Inspections and abatement related to local ordinances and regulations that implement any of the foregoing.

If the fee, cost, or charge has not been paid within 45 days of notice thereof, the city, county, or city and county may collect the fee, cost, or charge by making the amount of the unpaid fee, cost, or charge a proposed lien against the property that is the subject of the enforcement activity.

Except as provided in subdivision (c), the amount of the proposed lien may be collected at the same time and in the same manner as property taxes are collected. All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the proposed lien, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of enforcement relating to the property shall be transferred to the unsecured roll for collection.

(2) The amount of any fee, cost, or charge shall not exceed the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest.

(3) This section shall not apply to owner-occupied residential dwelling units.

(4) This section does not apply to any enforcement, abatement, correction, or inspection activity regarding a violation in which the violation was evident on the plans that received a building permit.

(b) (1) A city, county, or city and county shall provide the owner of the property with written notice in plain language of the proposed lien, a description of the basis for the amounts comprising the lien, a minimum of 45 days after notice to pay the fee, cost, or charge, and an opportunity to appear before the legislative body and be heard regarding the amount of the proposed lien. The notice shall be mailed by certified mail to the last known address of the owner of the property.

(2) In any city, county, or city and county, the legislative body may delegate the holding of the hearing required by paragraph (1) to a hearing board designated by the legislative body. The hearing board may be the housing appeals board established pursuant to Section 17920.5 of the Health and Safety Code or any other body designated by the legislative body. The hearing board shall make a written recommendation to the legislative body which shall include factual findings based on evidence introduced at the hearing. The legislative body may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the legislative body. Notice in writing of the de novo hearing shall be provided to the property owner at least 10 days in advance of the scheduled hearing.

(c) If the legislative body determines that the proposed lien authorized pursuant to subdivision (a) shall become a lien, the body may also cause a notice of lien to be recorded. This lien shall attach upon recordation in the office of the county recorder of the county in which the property is situated and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, set forth the date upon which the lien was created against the property, and include a description of the real property subject to the lien and the amount of the lien.

history: (History: Amended by Stats. 2003, Ch. 474, Sec. 1. Effective January 1, 2004.)

title: 5. LOCAL AGENCIES


kind: section

code: GOV

text:
(a) The Legislature finds and declares that many public entities that provide public utility service have imposed capital facilities fees applicable to users of public utility facilities in order to equitably apportion the cost of capital facilities construction or expansion required by all public and private users of the facilities. In the recent decision in San Marcos Water Dist. v. San Marcos Unified School Dist., 42 Cal. 3d 154, the California Supreme Court held that public entities cannot be made subject to these fees without statutory authorization. As a result, the fiscal stability and service capabilities of the affected public utility service agencies which have in good faith collected and spent these fees for capital improvements are seriously impaired as is the ability to finance essential future facilities.

(b) The Legislature further finds that the holding in the San Marcos Water Dist. v. San Marcos Unified School Dist., 42 Cal. 3d 154, should be revised to authorize payment and collection of capital facilities fees subject to the limitations set forth in this chapter, and in furtherance of this finding the Legislature hereby enacts the following provisions.

history: (History: Added by Stats. 1988, Ch. 53, Sec. 1. Effective March 24, 1988.)

division: 2. CITIES, COUNTIES, AND OTHER AGENCIES

title: 5. LOCAL AGENCIES

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 13.7. Liability of Public Entities for Public Utility Capital Facilities Fees


text:
For purposes of this chapter:

(a) “Actual construction costs” includes the cost of all activities necessary or incidental to the construction of a public utility facility, such as financing, planning, designing, acquisition of property or interests in property, construction, reconstruction, and rehabilitation.

(b) “Capacity charge” means a one-time charge to recover the costs of public utility facilities necessary to establish new or expand existing public utility service to a public agency.

(c) (1) “Capital facilities fee” means a nondiscriminatory connection fee, a nondiscriminatory capacity charge, or both. “Capital facilities fee” does not include any other rate, charge, or surcharge, or any capital component thereof.

(2) For purposes of this subdivision, “nondiscriminatory” means that the fee does not exceed an amount determined on the basis of the same objective criteria and methodology applicable to comparable nonpublic users, and is not in excess of the proportionate share of the cost of the public utility facilities of benefit to the person or property being charged, based upon the proportionate share of use of those facilities.

(d) “Connection fee” means a fee to recover the costs of the physical facilities necessary to directly connect a public agency facility to a public utility service provided by a public agency, including, but not limited to, meters, meter boxes, and pipelines to make the connection, and the actual cost of labor and materials for the installation of those facilities.

(e) “Public agency” means the United States or any of its agencies, the state or any of its agencies, the California State University, the Regents of the University of California, a county, a county office of education, a city, a school district, community college district, or any other district, a public authority, or any other political subdivision or public corporation of this state.

(f) “Public school” means the California State University, the Regents of the University of California, a county office of education, a school district, or a community college district.

(g) “Public utility facility” means a facility for the provision of water, light, heat, communications, power, or garbage service, for flood control, drainage or sanitary purposes, or sewage collection, treatment, or disposal.

(h) “Public utility service” means service for water, light, heat, communications, power, or garbage, or for flood control, drainage or sanitary purposes, or sewage collection, treatment, or disposal, provided by a public agency.

(i) “State agency” or “state” means any state office, department, division, bureau, board, or commission.

history: (History: Amended by Stats. 2006, Ch. 866, Sec. 1. Effective January 1, 2007.)

title: 5. LOCAL AGENCIES

chapter: 13.7. Liability of Public Entities for Public Utility Capital Facilities Fees


text: Any public agency providing public utility service on or after July 21, 1986, may continue to charge, or may increase, an existing capital facilities fee, or may impose a new capital facilities fee after that date, and any public agency receiving a public utility’s service shall pay those fees so imposed, except as provided in Sections 54999.3 and 54999.35.

history: (History: Amended by Stats. 2000, Ch. 146, Sec. 1. Effective July 21, 2000.)

title: 5. LOCAL AGENCIES


text:
However, the imposition of a capital facilities fee on any school district, county office of education, community college district, the California State University, the University of California, or state agency shall be subject to the following:

(a) Where necessary to defray the actual construction costs of that portion of a public utility facility actually serving a public agency, any public agency providing public utility service on or after July 21, 1986, may continue to charge any capital facilities fee which was imposed prior to that date on the public agency using the public utility service and was not protested or challenged pursuant to law prior to January 1, 1987, or increase that capital facility fee in an amount not to exceed the percentage increase in the Implicit Price Deflator for State and Local Government Purchases, as determined by the Department of Finance and any public agency shall pay any capital facilities fees authorized by this subdivision.

(b) On and after July 21, 1986, any public agency proposing to initially impose a capital facilities fee or to increase an existing capital facilities fee in excess of the amount set forth in subdivision (a), may do so after agreement has been reached between the two agencies through negotiations entered into by both parties.

(c) Upon request of the affected public agency or upon increase pursuant to subdivision (a), the public agency imposing or increasing the fee shall identify the amount of the capital facilities fee. The public agency imposing or increasing the capital facilities fee has the burden of producing evidence to establish that the capital facilities fee is nondiscriminatory and that the amount of the capital facilities fee does not exceed the amount necessary to provide capital facilities for which the fee is charged.

title: 5. LOCAL AGENCIES


text: Any capital facilities fees paid prior to March 24, 1988, and not protested or challenged pursuant to law on or before January 1, 1987, shall not be subject to refund, except for capital facilities fees paid after July 21, 1986, by a public agency subject to Section 54999.3 that are in excess of the maximum amount authorized by Sections 54999.3 and 54999.35. Agreements entered into prior to or after March 24, 1988, for the payment of capital facilities fees or capacity charges shall be effective.

history: (History: Amended by Stats. 2000, Ch. 146, Sec. 3. Effective July 21, 2000.)

title: 5. LOCAL AGENCIES


text: Capital facilities fees paid by school districts for public utility facilities to serve school facilities for which an application for funding is filed on or after the effective date of this chapter may, for purposes of Chapter 12 (commencing with Section 17000) of Part 10 of the Education Code, be included by the State Allocation Board as a “cost of project” within the meaning of subdivision (b) of Section 17702 of the Education Code.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 312. Effective January 1, 2007.)

title: 5. LOCAL AGENCIES


text: Should any provision or clause of this chapter or application thereof to any person or circumstance be held invalid or unconstitutional, that invalidity or unconstitutionality shall not affect other provisions or applications thereof which can be given effect without the invalid provision or application and, to this end, the provisions of this chapter are declared severable. By adopting this chapter, the Legislature hereby declares that it would have adopted this chapter without that provision or provisions.

title: 5. LOCAL AGENCIES


text:
(a) Any public agency providing public utility service may impose a fee, including a rate, charge, or surcharge, for any product, commodity, or service provided to a public agency, and any public agency receiving service from a public agency providing public utility service shall pay that fee so imposed. Such a fee for public utility service, other than electricity or gas, shall not exceed the reasonable cost of providing the public utility service.

(b) A fee, including a rate, charge, or surcharge, for any product, commodity, or service provided to a public agency, shall be determined on the basis of the same objective criteria and methodology applicable to comparable nonpublic users, based on customer classes established in consideration of service characteristics, demand patterns, and other relevant factors.

(c) A public agency providing public utility service shall complete a cost of service study at least once every 10 years that addresses the cost of providing public utility service to public schools. The study shall describe the methodology for the determination of cost responsibility, which may be identified by reference to appropriate industry ratemaking principles, including guidance associated with designing and developing water rates and charges issued by the American Water Works Association or guidance associated with other comparable industry principles recognized by public agencies providing public utility service.

(d) In addition to other notices required pursuant to state law or local ordinance or rule, whenever a public agency that provides public utility service holds a public meeting to establish or increase any rate, charge, surcharge, or fee, that public agency shall provide a written notice of the meeting not less than 60 days prior to the date of the public meeting to any public agency that has filed a written request for such a notice with either the clerk of the governing body or with any other person designated by the governing body to receive these requests.

(e) Upon request of any affected public agency made not less than 30 days prior to the date of the public meeting to establish or increase any rate, charge, surcharge, or fee, a public agency that provides public utility service shall provide the affected public agency with the data and proposed methodology for establishing or increasing the rate, charge, surcharge, or fee. The data and proposed methodology may be provided during a meeting of staff or other representatives of each agency.

(f) This section shall not apply to impositions or increases of capital facilities fees subject to Section 54999.3.

history: (History: Added by Stats. 2006, Ch. 866, Sec. 2. Effective January 1, 2007.)

title: 5. LOCAL AGENCIES


text:
(a) This section shall apply only to a local publicly owned electric utility or other public agency providing public electric utility service to a public agency in its service territory, as specified in subdivision (b). “Local publicly owned electric utility” as used in this section means all of the following:

(1) A municipality or municipal corporation operating as a “public utility” furnishing electric commodity or electric service as provided in Section 10001 of the Public Utilities Code.

(2) Any special district furnishing electric commodity or electric service, including, but not limited to, any of the following:

(A) A resort improvement district formed pursuant to Division 11 (commencing with Section 13000) of the Public Resources Code.

(B) A municipal utility district formed pursuant to Division 6 (commencing with Section 11501) of the Public Utilities Code.

(C) A public utility district formed pursuant to the Public Utility District Act set forth in Division 7 (commencing with Section 15501) of the Public Utilities Code.

(D) An irrigation district formed pursuant to the Irrigation District Law set forth in Division 11 (commencing with Section 20500) of the Water Code.

(3) A joint powers authority that includes one or more of these agencies that furnishes electric commodity or electric service over its own or its member’s electric distribution system.

(b) The imposition of a capital facilities fee for electric utility service on any school district, county office of education, community college district, the California State University, the University of California, or state agency by a public agency providing public utility service shall be subject to all of the following:

(1) Where necessary to defray the actual construction costs of that portion of a public utility facility actually serving a public agency, any public agency providing public utility service on or after July 21, 1986, may continue to charge any capital facilities fee that was imposed prior to that date on the public agency using the public utility service and that was not protested or challenged pursuant to law prior to January 1, 1987, or increase that capital facility fee in an amount not to exceed the percentage increase in the Implicit Price Deflator for State and Local Government Purchases, as determined by the Department of Finance, and any public agency shall pay any capital facilities fees authorized by this subdivision.

(2) Any public agency proposing to initially impose a capital facilities fee or to increase an existing capital facilities fee in excess of the amount set forth in paragraph (1), may do so after agreement has been reached between the two agencies through negotiations entered into by both parties.

(3) Upon request of the affected public agency or upon increase pursuant to paragraph (1), the public agency imposing or increasing the fee shall identify the amount of the capital facilities fee. The public agency imposing or increasing the capital facilities fee has the burden of producing evidence to establish all of the following:

(A) The capital facilities fee is nondiscriminatory.

(B) The amount of the capital facilities fee does not exceed the amount necessary to provide capital facilities for which the fee is charged.

(C) The capital facilities fee complies with the requirements set forth in paragraph (1).

(4) A public agency proposing to enact or increase capital facilities fees under this section shall notify by certified mail any school district, county office of education, community college district, California State University, University of California, or state agency located within its service area that is an electric utility customer of the public agency, not less than 30 days prior to the date of any hearing set to consider an ordinance resolution, or motion enacting or increasing a capital facilities fee. The notice shall state the date, time, and place of any hearing. The notice shall also state that the public agency proposes to impose a new capital facilities fee or to increase an existing capital facilities fee in an amount that either complies with the requirements of paragraph (1) or in an amount that exceeds capital facilities fees permissible under paragraph (1).

(5) The notice described in paragraph (4) shall designate an individual at the public agency who shall make available, upon request, for inspection by any school district, county office of education, community college district, California State University, University of California, or state agency located within its service area, the information relied upon in setting the fee or increase, including the methodology used to calculate and allocate the capital expenditures giving rise to the fee or increase, and an identification of the capital facilities that contribute to the fee or increase, as well as any other information relevant to determining whether or not the fee or increase complies with the provisions of this section. The affected school district, county office of education, community college district, California State University, University of California, or state agency shall designate the individual who is to receive the notice, and the public agency providing public utility service shall direct the notice to that individual. If no specific individual is designated, then the notice shall be addressed to the billing address of the affected facility. In the case of an affected state agency, after an initial notice has been delivered by certified mail to the billing address of the affected state agency facility, subsequent notice may be directed to the billing address of the state agency by first-class mail, unless the affected state agency specifically requests that the notice be directed to a designated individual by certified mail. A subsequent notice to other affected public agency facilities shall be by certified mail directed to the billing address of the affected facility.

(6) Any judicial action or proceeding to protest or challenge a rate or charge that contains a capital facilities fee or to seek a refund of any capital facilities fee imposed on or after July 1, 2000, shall be commenced within 120 days of the effective date of the ordinance, resolution, or motion enacting or increasing the rate, charge, or capital facilities fee, provided that the notice and disclosure requirements of paragraphs (4) and (5) have been followed. If the notice and disclosure requirements of paragraphs (4) and (5) have not been complied with, the 120-day limitation period is not applicable to the judicial action or proceeding to protest or challenge a rate or charge or to seek the refund of any capital facilities fee imposed on or after July 1, 2000.

(7) No limitation period in Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure may bar any judicial action, proceeding or appeal protesting or seeking a refund of a rate, charge, capital facilities fee or capital facilities fee component of a rate or charge imposed on or after April 1, 2000, if the notice and disclosure requirements of paragraphs (4) and (5) have not been followed.

history: (History: Added by Stats. 2000, Ch. 146, Sec. 2. Effective July 21, 2000.)

title: 5. LOCAL AGENCIES


text: As used in this chapter, “local agency” means municipal corporation or sanitary district.

history: (History: Added by Stats. 1949, Ch. 81.)

title: 5. LOCAL AGENCIES

chapter: 1. Joint Sanitation Projects

article: 1. General

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 1. Joint Sanitation Projects > 1. General


text: As used in this chapter, “conduits” mean sewers, watermains, and other conduits.

title: 5. LOCAL AGENCIES

article: 1. General


text: Under the terms prescribed by its legislative body, a local agency may permit another local agency to construct and maintain conduits in, across, or along its streets and other public places pursuant to this chapter and not otherwise.

title: 5. LOCAL AGENCIES

article: 1. General


text: When it is necesary to acquire property in the construction of any outfall sewer or conduit pursuant to this chapter, the property may be acquired by eminent domain.

history: (History: Amended by Stats. 1975, Ch. 1240.)

title: 5. LOCAL AGENCIES

article: 1. General


text: All condemnation actions may be brought by and in the name of one local agency designated by all of the parties to the agreement.

title: 5. LOCAL AGENCIES

article: 1. General


text: When the legislative body of a local agency finds and by resolution declares that its location is such that it cannot adequately or conveniently be provided with conduits, unless it constructs and maintains certain connecting conduits in, across, or along certain streets, or other public places of any other local agency, the legislative body may submit a copy of the resolution to the legislative body of the other local agency.

title: 5. LOCAL AGENCIES

article: 2. Request by Legislative Body

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 1. Joint Sanitation Projects > 2. Request by Legislative Body


text:
The resolution shall contain:

(a) A description of the conduits proposed to be constructed and maintained in the other local agency.

(b) A description of the streets or other public places in, across, or along which the conduits are proposed to be constructed and maintained.

title: 5. LOCAL AGENCIES

article: 2. Request by Legislative Body


text: The resolution shall be accompanied by a written request that permission be granted to the local agency to construct and maintain the conduits described in the resolution.

title: 5. LOCAL AGENCIES

article: 2. Request by Legislative Body


text: The clerk of the local agency shall sign the request.

title: 5. LOCAL AGENCIES

article: 2. Request by Legislative Body


text: In its discretion the legislative body receiving the request and copy of the resolution may grant permission.

title: 5. LOCAL AGENCIES

article: 2. Request by Legislative Body


text: The permission shall be granted by ordinance, or by resolution in the case of a sanitary district.

title: 5. LOCAL AGENCIES

article: 2. Request by Legislative Body


text: The ordinance or resolution shall state any terms and conditions of the permission prescribed by the legislative body.

title: 5. LOCAL AGENCIES

article: 2. Request by Legislative Body


text: If the legislative body grants permission for the construction and maintenance of sewers, it may require as a condition that it may connect its sewers with those constructed under permission and use them in connection with its sewer system upon paying a proportionate part of the cost of constructing and maintaining them to the local agency constructing them.

title: 5. LOCAL AGENCIES

article: 2. Request by Legislative Body


text: The cost may be determined by resolutions of the legislative bodies of both local agencies. The payment shall be made at the times and in the amounts determined by the legislative bodies.

title: 5. LOCAL AGENCIES

article: 2. Request by Legislative Body


text: All contracts for the construction or completion of, or for furnishing labor or materials for, any conduits to be constructed by a local agency in another local agency shall be let to the lowest responsible bidder.

title: 5. LOCAL AGENCIES

article: 3. Contracts

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 1. Joint Sanitation Projects > 3. Contracts


text: The legislative body of the local agency constructing the conduits under permission shall advertise inviting sealed proposals for furnishing the labor and materials for the proposed work before any contract is let.

title: 5. LOCAL AGENCIES

article: 3. Contracts


text: The advertisement shall be published for at least ten days in one or more newspapers published in the local agency. If there is no such newspaper it shall be published in one or more newspapers published in the county in which the local agency is situated.

title: 5. LOCAL AGENCIES

article: 3. Contracts


text: The legislative body shall require such bonds as it deems best from the successful bidder to insure the faithful performance of the contract.

title: 5. LOCAL AGENCIES

article: 3. Contracts


text: The legislative body may reject any and all bids.

title: 5. LOCAL AGENCIES

article: 3. Contracts


text: This chapter does not prohibit the local agency itself from constructing or completing the works and employing the necessary labor without advertisement for proposals or letting of a contract.

title: 5. LOCAL AGENCIES

article: 3. Contracts


text: In any city operating under a charter providing for a board of public works, all things required in this article to be performed by its legislative body shall be performed by the board.

title: 5. LOCAL AGENCIES

article: 3. Contracts


text: If the charter or general law under which local agency is operating prescribes the manner of letting and entering into contracts of the kind provided for by this chapter, such contracts shall be let and entered pursuant to the charter or general law.

title: 5. LOCAL AGENCIES

article: 3. Contracts


text: When the legislative bodies of two or more local agencies determine and adopt a resolution declaring that it will be for the interest or advantage of the local agencies to do so, the legislative bodies, may enter an agreement authorizing and providing for the joint construction and maintenance of conduits in the streets or other public places of either of the local agencies.

title: 5. LOCAL AGENCIES

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 1. Joint Sanitation Projects > 4. Agreements for the Joint Construction and Maintenance of Sanitation Facilities


text: The agreement may include the joint construction and maintenance of all necessary outfall sewers within or outside of the boundaries of the local agencies.

title: 5. LOCAL AGENCIES

article: 4. Agreements for the Joint Construction and Maintenance of Sanitation Facilities


text: The agreement shall provide for the joint payment of the cost of the joint use, benefit, and maintenance of all the outfall sewers and conduits upon the terms and under the regulations approved by the legislative bodies of all the local agencies.

title: 5. LOCAL AGENCIES


text: The legislative body of each such local agency may bind and obligate the local agency to pay its proportionate part of the construction and maintenance costs of the outfall sewer and conduits at the times and in the installments provided for in the agreement.

title: 5. LOCAL AGENCIES


text: By unanimous consent, the local agencies may amend or supplement the agreement and permit additional local agencies to become parties to the agreement.

title: 5. LOCAL AGENCIES


text: When by resolution a legislative body determines and declares that it is for the interest or advantage of the local agency to become a party to the amended or supplemental joint agreement, it may provide for the joint payment of the costs, and joint use, benefit, and maintenance, of the outfall sewers and conduits upon the terms and under the regulations approved by the legislative bodies of all the local agencies entering into the amended or supplemental agreement.

title: 5. LOCAL AGENCIES


text: Each such local agency is obligated to pay the proportionate part of the construction and maintenance costs of the outfall sewer and conduit at the times and in the installments provided for in the amended or supplemental agreement.

title: 5. LOCAL AGENCIES


text: Each such local agency is also obligated to reimburse the parties to the original agreement for money they expended pursuant to the original agreement.

title: 5. LOCAL AGENCIES


text: An amended or supplemental agreement may be entered into prior to the commencement, during the construction, or after the completion of the outfall sewer and conduit.

title: 5. LOCAL AGENCIES


text: All contracts for construction pursuant to this article shall be made and entered into by one local agency designated by the legislative bodies of all the local agencies in the manner provided in Article 3.

title: 5. LOCAL AGENCIES


text: By their legislative bodies two or more local agencies may also enter into an agreement with each other for the joint use by them of any outfall sewers and conduits already constructed in whole or in part in the streets or other public places of any such local agencies upon the terms their legislative bodies determine to be proper.

title: 5. LOCAL AGENCIES


text: The local agencies entering into the agreements may use the streets within such local agencies for the construction and maintenance of outfall sewers and conduits pursuant to this article.

title: 5. LOCAL AGENCIES


text: When it is necessary to extend the outfall sewers and conduits without the limits of the local agencies, they may use public highways without the city limits subject only to the right of the board of supervisors to make reasonable police regulations for the protection of the highways used.

title: 5. LOCAL AGENCIES


text: When a local agency enters into an agreement pursuant to this article, the proportionate part of the costs required to be paid by it in the agreement may be raised by any legal means including the issuance and sale of the bonds of the local agency.

title: 5. LOCAL AGENCIES


text: Upon the terms prescribed by its legislative body, a local agency may enter into an agreement with other local agencies for the joint construction, ownership, or use of sewage treatment plants and other sewage disposal works or for the purchase or sale of any percentage of the capacity in any such plant or works.

title: 5. LOCAL AGENCIES

article: 5. Sewage Treatment and Disposal Plants

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 1. Joint Sanitation Projects > 5. Sewage Treatment and Disposal Plants


text: The contracts may provide for the maintenance and operation of the plant or works and the percentages of the maintenance and operation cost to be paid by the local agencies entering into the agreement.

title: 5. LOCAL AGENCIES

article: 5. Sewage Treatment and Disposal Plants


text: Any local agency may issue bonds to pay all or part of the cost of construction of or ownership in the plant or works, or of purchasing capacity in the plant or works or a right to use them, as provided in the contract.

title: 5. LOCAL AGENCIES

article: 5. Sewage Treatment and Disposal Plants


text: Bonds issued by a city pursuant to this article shall be issued substantially pursuant to Article 1, Chapter 4, Division 4, Title 4.

title: 5. LOCAL AGENCIES

article: 5. Sewage Treatment and Disposal Plants


text: In chartered cities bonds shall be issued pursuant to the city charter.

title: 5. LOCAL AGENCIES

article: 5. Sewage Treatment and Disposal Plants


text: Bonds issued by a sanitary district shall be issued substantially in the manner provided in the act under which the district is incorporated.

title: 5. LOCAL AGENCIES

article: 5. Sewage Treatment and Disposal Plants


text: As used in this chapter, “local agency” means county, city, and sanitary district.

title: 5. LOCAL AGENCIES

article: 1. General

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 2. Joint Projects for Sanitation and Electrical Lines > 1. General


text: As used in this chapter, “conduits” mean sewers, water mains, or other conduits.

title: 5. LOCAL AGENCIES

chapter: 2. Joint Projects for Sanitation and Electrical Lines

article: 1. General


text: As used in this chapter, “lines” mean pole lines for the transmission of electricity and electric energy.

title: 5. LOCAL AGENCIES

article: 1. General


text: All powers and duties conferred upon the Public Utilities Commission by this chapter are exclusive. Its judgment is conclusive upon all parties to any proceedings taken pursuant to this chapter.

title: 5. LOCAL AGENCIES

article: 1. General


text: This chapter is alternative to, and does not repeal, Chapter 1.

title: 5. LOCAL AGENCIES

article: 1. General


text: Under the terms prescribed by its legislative body a city or sanitary district may permit a local agency to construct and maintain conduits and lines in, along, or across its streets and other public places and to use them for such purpose pursuant to this chapter and not otherwise.

title: 5. LOCAL AGENCIES

article: 1. General


text: The resolution of necessity and request for permission of a local agency to construct and maintain conduits and poles in another city or sanitary district shall be made and submitted pursuant to Article 2, Chapter 1, except that the submitted resolution of necessity shall be certified by the clerk.

title: 5. LOCAL AGENCIES

article: 1. General


text: If a city or sanitary district, grants permission for the construction and maintenance of sewers, it may connect its sewer and those of its inhabitants with the sewers constructed, and use such sewers, pursuant to Article 2, Chapter 1.

title: 5. LOCAL AGENCIES

article: 1. General


text: A local agency shall let contracts for furnishing labor or materials for the construction or completion of conduits or line constructed by it in another city or sanitary district pursuant to Article 3, Chapter 1. This chapter does not prohibit the local agency itself from constructing or completing the work and employing the necessary labor without advertisement for proposals or letting of a contract.

title: 5. LOCAL AGENCIES

article: 1. General


text: If a controversy arises between the local agencies after permission has been granted by a city or sanitary district or by the Public Utilities Commission concerning the construction, operation, maintenance, or control of any conduits or lines, either local agency may file a petition with the commission stating the nature of the grievance.

title: 5. LOCAL AGENCIES

article: 1. General


text: The Public Utilities Commission shall hear and determine the complaint pursuant to the Public Utilities Act.

title: 5. LOCAL AGENCIES

article: 1. General


text: When the legislative body of a local agency and the legislative bodies of one or more cities or sanitary districts find and adopt a resolution declaring that it will be for the interests or advantage of the local agencies to do so, the legislative bodies may enter into a joint agreement authorizing the construction and maintenance of conduits or lines in, over, or along the streets or other public places of any of the local agencies, or in part outside of the limits of the local agencies, at their joint expense and for their joint use and benefit upon the terms and under the regulations approved by all of them.

title: 5. LOCAL AGENCIES

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 2. Joint Projects for Sanitation and Electrical Lines > 2. Agreements for the Joint Construction and Maintenance of Sanitation Conduits and Electrical Lines


text: The legislative body of each local agency may bind or obligate it to pay a proportionate part of the construction and maintenance costs of the conduits or lines at the times and in the installments so approved.

title: 5. LOCAL AGENCIES

article: 2. Agreements for the Joint Construction and Maintenance of Sanitation Conduits and Electrical Lines


text: All contracts for construction of conduits or lines pursuant to this article shall be made and entered into by one of the local agencies designated by the legislative bodies of all the local agencies and in the manner provided by Section 55308.

title: 5. LOCAL AGENCIES


text: The legislative body of a local agency and the legislative bodies of one or more cities or sanitary districts may enter into an agreement with each other for the joint use by them of any conduits or lines which have been wholly or partially constructed in the streets or other public places of any of the local agencies upon the terms their legislative bodies declare by agreement to be proper.

title: 5. LOCAL AGENCIES


text: For the purposes of this chapter, all conduits and lines are declared to be public utilities.

title: 5. LOCAL AGENCIES

article: 3. Refusal to Grant Permission

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 2. Joint Projects for Sanitation and Electrical Lines > 3. Refusal to Grant Permission


text: When the legislative body of the city or sanitary district to which a request has been made fails to grant permission or prescribe the terms upon which the permission may be granted for three months from the filing of the request, such failure is deemed a refusal to grant the request.

title: 5. LOCAL AGENCIES

article: 3. Refusal to Grant Permission


text: Except as otherwise provided in this article, proceedings before the Public Utilities Commission shall be had and conducted pursuant to the Public Utilities Act.

title: 5. LOCAL AGENCIES

article: 3. Refusal to Grant Permission


text:
A local agency may make a complaint to the Public Utilities Commission in either of the following cases:

(a) If a city or sanitary district refuses to grant permission to construct and maintain conduits or lines in, along, or across its streets or other public places after a request for use has been made to its legislative body and other proceedings had as prescribed by Section 55307.

(b) If the terms prescribed by the city or sanitary district are rejected by the legislative body of the local agency making the request and it adopts a resolution stating that the terms are rejected.

title: 5. LOCAL AGENCIES

article: 3. Refusal to Grant Permission


text: The local agency may make the complaint within one year after making the application and request for permission.

title: 5. LOCAL AGENCIES

article: 3. Refusal to Grant Permission


text:
The complaint shall set forth:

(a) Copies of the resolutions of the legislative bodies of the several local agencies, relative to the application and its refusal.

(b) A copy of the resolution adopted by its legislative body rejecting the terms.

(c) A copy of the request.

(d) The name of the local agency which made the application.

(e) The name of the city or sanitary district where the streets or public places are situated.

(f) The names or other proper designation of the streets or public places proposed to be used.

(g) The purpose for which, and the manner in which, the streets or public places are proposed to be used.

(h) The facts showing the necessity or expediency for such use.

title: 5. LOCAL AGENCIES

article: 3. Refusal to Grant Permission


text: The Public Utilities Commission shall hear the complaint. If it appears to the commission that the public interest or convenience requires that the streets and public places be used for the purposes set forth in the complaint, it shall enter its judgment granting to the local agency making the request the right to use the streets or other public places for such purposes.

title: 5. LOCAL AGENCIES

article: 3. Refusal to Grant Permission


text: In the judgment the Public Utilities Commission may prescribe the terms upon which the local agency making the application may use the streets and public places.

title: 5. LOCAL AGENCIES

article: 3. Refusal to Grant Permission


text: Counties, cities, and irrigation districts may jointly or severally purchase, lease, or otherwise acquire and operate, manage, and control rock quarries, rock plants, sand pits, cement plants, and other works or projects for the extraction, manufacture, or preparation of rock, sand, cement, and other materials used by them in performing their functions.

title: 5. LOCAL AGENCIES

chapter: 3. Joint Cement Projects

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 3. Joint Cement Projects


text: As used in this article, “local agency” means a city, chartered city, or a fire protection district.

history: (History: Amended by Stats. 1988, Ch. 465, Sec. 2. Effective August 22, 1988.)

title: 5. LOCAL AGENCIES

chapter: 4. Fire and Police Protection

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 4. Fire and Police Protection > 1. Performance of Fire Protection Functions by County Firewarden or State Forester


text: As used in this article, “county” means a county in which a county firewarden has been appointed.

title: 5. LOCAL AGENCIES

article: 1. Performance of Fire Protection Functions by County Firewarden or State Forester


text: As used in this article, “forest fire” means any fire burning uncontrolled on any lands partially or wholly covered by timber, brush, grass, grain, or other inflammable vegetation.

title: 5. LOCAL AGENCIES


text: The board of supervisors of any county may contract with any local agency within the county, and the legislative body of the local agency may contract with the county, for the performance by the county firewarden of functions for the prevention and suppression of fires.

title: 5. LOCAL AGENCIES


text:
Every contract between a county and a city that provides for the furnishing of fire protection services by the county to the city, except a contract to render assistance whenever a fire occurs within the limits of a city of when it cannot be adequately handled by the fire department of the city, shall be for a term of at least one year.

Neither the county nor the city shall have the power to abrogate that contract during the term of the contract. The contractual relationship between the county and the city may, however, be terminated by the voters of either the county or the city.

The board of supervisors or the governing body of the city may, at any time, call and conduct a special election in the county or the city, as the case may be, for the purpose of submitting to the voters of the county or the city a proposition for the termination of the contractual relationship between the county and the city.

An election in the county shall be called and conducted in the same manner as other special elections in the county. An election in the city shall be called and conducted in the same manner as other special elections in the city, except that no notice of the election, other than the notice prescribed by Section 12110 of the Elections Code, need be given and neither sample ballots nor polling place notices need be mailed for the election.

If at an election in the county or an election in the city, a majority of the voters voting vote in favor of the termination of the contractual relationship between the county and the city, the contractual relationship shall be terminated on the first day of July next succeeding the date of the election, if the election is held on or before February 1 of the fiscal year of the county. If the election is held subsequent to February 1 of the fiscal year, the contractual relationship shall be terminated on June 30 of the fiscal year next succeeding.

history: (History: Amended by Stats. 1994, Ch. 923, Sec. 81. Effective January 1, 1995.)

title: 5. LOCAL AGENCIES


text: When the contract has been made, the county firewarden, his deputies, and assistants may exercise the same powers and duties within the local agency as are conferred upon officers charged with the duty of preventing and suppressing fires by State and local law within such county or local agency.

title: 5. LOCAL AGENCIES


text: In the contract the local agency may provide for the payment by it to the county of an agreed consideration to be paid to the county treasurer.

title: 5. LOCAL AGENCIES


text: The board of supervisors may contract with the state, through the Department of Forestry and Fire Protection, for the performance by the Director of Forestry and Fire Protection, his or her deputies, and assistants of functions for the prevention or suppression of fires within the county.

history: (History: Amended by Stats. 1992, Ch. 427, Sec. 68. Effective January 1, 1993.)

title: 5. LOCAL AGENCIES


text: The Department of Forestry and Fire Protection may contract with the county for the performance by the county fire warden, his or her deputies, and assistants of functions for the prevention or suppression of fires within the county.

history: (History: Amended by Stats. 1992, Ch. 427, Sec. 69. Effective January 1, 1993.)

title: 5. LOCAL AGENCIES


text: When a contract has been made, the Director of Forestry and Fire Protection or the county fire warden may exercise the same powers and duties within the county for the prevention and suppression of fires which by state or local law is conferred upon those officers.

history: (History: Amended by Stats. 1992, Ch. 427, Sec. 70. Effective January 1, 1993.)

title: 5. LOCAL AGENCIES


text: The contract between the county and the State may provide for the duties, directions, and salaries of such personnel upon the terms agreed upon.

title: 5. LOCAL AGENCIES


text: As used in this article, “local agency” means a neighboring city, county, fire protection district, joint powers authority that provides fire protection services, police protection district, federal government or any federal department or agency.

history: (History: Amended by Stats. 2004, Ch. 118, Sec. 21. Effective January 1, 2005.)

title: 5. LOCAL AGENCIES

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 4. Fire and Police Protection > 2. Supplementary Fire or Police Protection


text: The legislative body of any local agency may contract with any other local agency for the furnishing of fire or police protection to such other local agency.

history: (History: Amended by Stats. 1970, Ch. 1068.)

title: 5. LOCAL AGENCIES

article: 2. Supplementary Fire or Police Protection


text: All the privileges and immunities from liability, exemptions from laws and rules, and all pension, relief, disability, workmen’s compensation and all other benefits granted the fire or police force of any local agency performing its functions within the territorial limits of such local agency shall extend and apply to such fire or police force performing its function within the territorial limits of any other local agency, and while traveling to and from such other local agency under and by virtue of any contract with such other local agency entered into under the provisions of this article.

history: (History: Amended by Stats. 1959, Ch. 437.)

title: 5. LOCAL AGENCIES


text: The board of supervisors of a county may provide rescue and resuscitator services throughout the county, and to this end the board may contract with the state, through the Department of Forestry and Fire Protection, for the providing of those rescue and resuscitator services within the county by the Director of Forestry and Fire Protection, his or her deputies, and assistants, including volunteer firefighters.

history: (History: Amended by Stats. 1992, Ch. 427, Sec. 71. Effective January 1, 1993.)

title: 5. LOCAL AGENCIES

article: 3. Rescue and Resuscitator Services

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 4. Fire and Police Protection > 3. Rescue and Resuscitator Services


text: When a contract has been made, the Director of Forestry and Fire Protection may exercise the same powers and duties within the county for the provision of rescue and resuscitator services which by state or local law are conferred upon officers of the county.

history: (History: Amended by Stats. 1992, Ch. 427, Sec. 72. Effective January 1, 1993.)

title: 5. LOCAL AGENCIES

article: 3. Rescue and Resuscitator Services


text: The contract between the county and the state may provide for the duties, directions, and salaries of personnel performing rescue and resuscitator services, including volunteer firefighters, upon the terms agreed upon.

history: (History: Added by Stats. 1965, Ch. 658.)

title: 5. LOCAL AGENCIES

article: 3. Rescue and Resuscitator Services


text: As used in this article, “local agency” means a county, city and county, and city, both chartered and general law.

history: (History: Added by Stats. 1968, Ch. 991.)

title: 5. LOCAL AGENCIES

chapter: 5. Tax Sharing

article: 1. Bradley-Burns Revenues

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 5. Tax Sharing > 1. Bradley-Burns Revenues


text: As used in this article, “legislative body” means the board of supervisors in the case of a county or city and county and the city council or board of trustees in the case of a city.

title: 5. LOCAL AGENCIES

article: 1. Bradley-Burns Revenues


text: As used in this article, “revenue” means revenue derived from the tax collected pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law provided for in Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code.

title: 5. LOCAL AGENCIES

article: 1. Bradley-Burns Revenues


text: Except as specifically provided in this article, and unless the context otherwise requires, terms used in this article shall have the same meaning as the meaning accorded them in the Sales and Use Tax Law provided for in Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code.

title: 5. LOCAL AGENCIES

article: 1. Bradley-Burns Revenues


text: In any case in which a legislative body, by resolution, determines that one or more retailers have been established, or will be established, in one local agency and that consumers residing in one or more other local agencies are, or will be, purchasing tangible personal property from such retailers to the extent that equity requires the revenues of such local agency be distributed in a fair and just manner to all local agencies concerned, a contract may be entered into pursuant to this article to apportion the revenue of the local agency in which such retailers are located. Each local agency desiring to become a party to such a contract, shall, by resolution, so state and name the party authorized by the local agency to sign the contract on the agency’s behalf.

title: 5. LOCAL AGENCIES

article: 1. Bradley-Burns Revenues


text:
Pursuant to subdivision (b) of Section 29 of Article XIII of the California Constitution, on or after November 4, 1998, counties, cities and counties, and cities may enter into contracts to apportion revenue between them, provided that both of the following conditions are met:

(a) Each contract is proposed in an ordinance or resolution of the governing body of each jurisdiction that is a party to that contract.

(b) Each proposing ordinance or resolution described in subdivision (a) is approved by a two-thirds vote of the governing body to which it is submitted.

history: (History: Added by Stats. 1999, Ch. 56, Sec. 1. Effective January 1, 2000.)

title: 5. LOCAL AGENCIES

article: 1. Bradley-Burns Revenues


text: The apportionment of revenue pursuant to this article shall be on such terms as the parties may agree pursuant to a contract signed by the individuals authorized by the resolution of each legislative body of a local agency which is a party thereto.

title: 5. LOCAL AGENCIES

article: 1. Bradley-Burns Revenues


text: A copy of the contract and a copy of each resolution shall be transmitted to the auditor, or officer holding the equivalent position, of each local agency which is a party to the contract. Thereafter, upon the receipt of revenues transmitted by the State Board of Equalization pursuant to Section 7204 of the Revenue and Taxation Code, the auditor or equivalent officer shall allocate the funds pursuant to the terms of the contract.

title: 5. LOCAL AGENCIES

article: 1. Bradley-Burns Revenues


text: Except as otherwise provided in Section 55704.5, no contract entered into pursuant to this article shall be operative until it has been submitted at a general election or at a direct primary election to the qualified electors of each local agency that is a party thereto and receives a majority of all votes cast for and against it at that election in each local agency.

history: (History: Amended by Stats. 1999, Ch. 56, Sec. 2. Effective January 1, 2000.)

title: 5. LOCAL AGENCIES

article: 1. Bradley-Burns Revenues


text:
(a) (1) As part of the ballot proposition to approve the imposition of a retail transactions and use tax pursuant to Chapter 2 (commencing with Section 7285) of Part 1.7 of Division 2 of the Revenue and Taxation Code, an authority established pursuant to Section 7285.5 of the Revenue and Taxation Code may seek authorization to issue bonds payable from the proceeds of the tax to finance capital outlay expenditures as may be provided for in the expenditure plan adopted pursuant to subdivision (c) of Section 7285.5 of the Revenue and Taxation Code.

(2) If an authority established pursuant to Section 7285.5 of the Revenue and Taxation Code has obtained voter approval prior to the effective date of this chapter for the imposition of a retail transactions and use tax pursuant to Chapter 2 (commencing with Section 7285) of Part 1.7 of Division 2 of the Revenue and Taxation Code and the issuance of bonds payable from the proceeds of the tax, that authority may issue bonds, refunding bonds, and bond anticipation notes pursuant to this chapter to finance capital outlay expenditures as may be provided for in the expenditure plan adopted pursuant to subdivision (c) of Section 7285.5 of the Revenue and Taxation Code.

(3) If an authority established pursuant to Section 7285.5 of the Revenue and Taxation Code has obtained voter approval prior to the effective date of this chapter only for the imposition of a retail transactions and use tax pursuant to Chapter 2 (commencing with Section 7285) of Part 1.7 of Division 2 of the Revenue and Taxation Code, that authority may seek authorization to issue bonds pursuant to this chapter payable from the proceeds of the tax to finance capital outlay expenditures as may be provided for in the expenditure plan adopted pursuant to subdivision (c) of Section 7285.5 of the Revenue and Taxation Code only if a resolution is adopted by two-thirds vote of the governing body of the authority and approved by a majority of the voters.

(b) The maximum indebtedness which may be outstanding at any one time shall be an amount equal to the sum of the principal of, and interest on, the bonds, but not to exceed the estimated proceeds of the tax, as determined by the plan. The amount of bonds outstanding at any one time does not include the amount of bonds, refunding bonds, or bond anticipation notes for which funds necessary for the payment thereof have been set aside for that purpose in a trust or escrow account.

(c) (1) A county authorized to levy, increase, or extend a transactions and use tax pursuant to Section 7285.5 of the Revenue and Taxation Code may issue bonds pursuant to this chapter, and for the purposes of this chapter shall be deemed an authority.

(2) The authorizations contained in this chapter shall apply to any tax levied, increased, or extended by a county pursuant to Section 7285.5 of the Revenue and Taxation Code on or after January 1, 2002.

history: (History: Amended by Stats. 2007, Ch. 504, Sec. 1. Effective October 11, 2007.)

title: 5. LOCAL AGENCIES

chapter: 1. Counties Transaction and Use Tax

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 1. Counties Transaction and Use Tax


text:
(a) The bonds authorized by the voters pursuant to Section 55800 may be issued at any time by the authority and shall be payable from the proceeds of the tax. The bonds shall be referred to as “limited tax bonds.” The bonds may be secured by a pledge of revenues from the proceeds of the tax, including income from the investment of those proceeds.

(b) The pledge of the retail transactions and use tax revenues for the limited tax bonds authorized under this chapter shall have priority over the use of any of the tax revenues for “pay-as-you-go” financing, or any other purposes except to the extent that that priority is expressly restricted in the resolution authorizing the issuance of the bonds.

history: (History: Added by Stats. 1991, Ch. 384, Sec. 1. Effective September 9, 1991.)

title: 5. LOCAL AGENCIES


text:
Limited tax bonds issued under this chapter may be used only for the following purposes:

(a) To finance the capital outlay expenditures to carry out the purposes of the retail transactions and use tax imposed by the authority.

(b) To pay costs incurred in the issuance of the limited tax bonds.

(c) To fund a reserve fund for the limited tax bonds.

title: 5. LOCAL AGENCIES


text: Limited tax bonds shall be issued pursuant to a resolution adopted at any time, and from time to time, by a two-thirds vote of the governing board of the authority, provided voter approval authorizing the issuance of bonds by the authority has been obtained by a majority vote, except as provided in paragraph (2) of subdivision (a) of Section 55800. Each resolution shall provide for the issuance of bonds in the amounts as may be necessary, until the full amount of bonds authorized have been issued. The full amount of bonds may be divided into two or more series and different dates of payment fixed for the bonds of each series. A bond need not mature on its anniversary date.

title: 5. LOCAL AGENCIES


text:
(a) A resolution providing for the issuance of bonds pursuant to this chapter shall state all of the following:

(1) The purposes for which the proposed debt is to be incurred, which may include all costs and estimated costs incidental to, or connected with, the accomplishment of those purposes, including without limitation, engineering, inspection, legal, fiscal agents, financial consultant and other fees, bond and other reserve funds, working capital, bond interest estimated to accrue during the construction period and for a period not to exceed three years thereafter, and expenses of all proceedings for the authorization, issuance, and sale of the bonds.

(2) The estimated costs of accomplishing those purposes.

(3) The amount of the principal of the indebtedness.

(4) The maximum term the bonds proposed to be issued shall run before maturity, which shall not be beyond the date of termination of the imposition of the retail transactions and use tax.

(5) The maximum rate of interest to be paid, which shall not exceed the maximum rate allowed by Section 53531, payable at intervals determined by the authority.

(6) The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000).

(7) The form of the bonds, including, without limitation, registered bonds and coupon bonds, to the extent permitted by federal law, and the form of any coupons to be attached thereto, the registration, conversion, and exchange privileges, if any, pertaining thereto, and the time when all, or any part, of the principal becomes due and payable.

(b) The resolution may also contain any other matters authorized by this chapter or any other law.

title: 5. LOCAL AGENCIES


text: The authority may provide for the limited tax bonds to bear a variable or fixed interest rate, for the manner and intervals in which the rate shall vary, and for the dates on which the interest shall be payable.

title: 5. LOCAL AGENCIES


text:
(a) In the resolution authorizing the issuance of the bonds, the authority may also provide for the call and redemption of the bonds prior to maturity at the times and prices and upon other terms as specified.

(b) Notwithstanding the provisions of subdivision (a), no bond is subject to call or redemption prior to maturity, unless it contains a recital to that effect or unless a statement to that effect is printed therein.

title: 5. LOCAL AGENCIES


text: The principal of, and interest on, the bonds, shall be payable in lawful money of the United States at the office of the treasurer or auditor-controller of the authority, or at other places as may be designated, or at both the office and other places at the option of the holders of the bonds.

title: 5. LOCAL AGENCIES


text:
(a) The bonds, or each series thereof, shall be signed by the chairperson or vice chairperson of the governing board of the authority or the treasurer or auditor-controller of the authority, and the official seal, if any, of the authority shall be attached.

(b) The interest coupons, if any, of the bonds shall be signed by the treasurer or auditor-controller of the authority. All of the signatures and the seal may be printed, lithographed, photocopied, or mechanically reproduced. However, the bonds shall not be valid or become obligatory for any purpose until manually signed by an authenticating agent or trustee duly appointed by the authority or its authorized designee.

(c) If any officer whose signature appears on the bonds or coupons ceases to be that officer before the delivery of the bonds, the officer’s signature is as effective as if the officer had remained in office.

title: 5. LOCAL AGENCIES


text: The bonds may be sold as the authority determines by resolution, and the bonds may be sold at a price above or below par, whether by negotiated or public sale.

title: 5. LOCAL AGENCIES


text: Delivery of any bonds issued pursuant to this chapter may be made at any place either inside or outside the state, and the purchase price may be received in cash or bank credits.

title: 5. LOCAL AGENCIES


text: All accrued interest and premiums received on the sale of the bonds shall be placed in the fund to be used for the payment of the principal of, and interest on, the bonds, and the remainder of the proceeds of the bonds shall be placed in the treasury of the authority or deposited with a bond trustee and applied to secure the bonds or for the purposes for which the debt was incurred. However, when the purposes have been accomplished, any money remaining shall be either (a) transferred to the fund to be used for the payment of principal of, and interest or redemption premium on, the bonds or (b) placed in a fund to be used for the purchase of the outstanding bonds in the open market at prices and in the manner, either at public or private sale or otherwise, as determined by the authority. Bonds so purchased shall be canceled immediately.

title: 5. LOCAL AGENCIES


text:
(a) The authority may provide for the issuance, sale, or exchange of refunding bonds to redeem or retire any bonds issued by the authority upon the terms, at the times and in the manner which it determines.

(b) The proceeds of any bonds issued for the purpose of refunding outstanding bonds may, in the discretion of the authority, be applied to the purchase or retirement at maturity or redemption of outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or retirement at the maturity thereof and may, pending that application, be placed in escrow to be applied to the purchase or retirement at maturity or redemption on the date as may be determined by the authority.

(c) Pending that use, the escrowed proceeds may be invested and reinvested by the authority or its trustee in obligations of, or guaranteed by, the United States, or in certificates of deposits or time deposits secured by obligations of, or guaranteed by, the United States, maturing at a time or times appropriate to ensure the prompt payment of principal, interest, and redemption premium, if any, of the outstanding bonds to be so refunded. The interest, income, and profits, if any, earned or realized on the investment may also be applied to the payment of the outstanding bonds to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds and interest, income, and profits, if any, earned or realized on the investment thereof may be returned to the authority for use by it in any lawful manner.

title: 5. LOCAL AGENCIES


text:
Refunding bonds may be issued in a principal amount sufficient to pay all, or any part of, the principal of the outstanding bonds, the premiums, if any, due upon call and redemption thereof prior to maturity, all expenses of the refunding, and either of the following:

(a) The interest upon the refunding bonds from the date of sale thereof to the date of payment of the bonds to be refunded out of the proceeds of the sale of the refunding bonds or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holder of the bonds.

(b) The interest upon the bonds to be refunded from the date of sale of the refunding bonds to the date of payment of the bonds to be refunded or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holder of the bonds.

title: 5. LOCAL AGENCIES


text:
(a) The authority may borrow money in anticipation of the sale of bonds which have been authorized pursuant to this chapter, but which have not been sold or delivered, and may issue negotiable bond anticipation notes therefor and may renew the bond anticipation notes from time to time. However, the maximum maturity of any bond anticipation notes, including the renewals thereof, shall not exceed five years from the date of delivery of the original bond anticipation notes.

(b) The bond anticipation notes, and the interest thereon, may be paid from any money of the authority available therefor, including the revenues from the retail transactions and use tax. If not previously otherwise paid, the bond anticipation notes, or any portion thereof, or the interest thereon, shall be paid from the proceeds of the next sale of the bonds of the authority in anticipation of which the notes were issued.

(c) The bond anticipation notes shall not be issued in any amount in excess of the aggregate amount of the bonds which the authority has been authorized to issue, less the amount of any bonds of the authorized issue previously sold, and also less the amount of other bond anticipation notes therefor issued and then outstanding. The bond anticipation notes shall be issued and sold in the same manner as the bonds.

(d) The bond anticipation notes and the resolutions authorizing them may contain any provisions, conditions, or limitations which a resolution of the authority may contain.

title: 5. LOCAL AGENCIES


text: Any limited tax bonds issued pursuant to this chapter are a legal investment for all trust funds, for the funds of insurance companies, commercial and savings banks, and trust companies, and for state school funds. Whenever any money or funds may, by any law now or hereafter enacted, be invested in bonds of cities, cities and counties, counties, school districts, or other districts within the state, that money or funds may be invested in the bonds issued pursuant to this chapter. Whenever bonds of cities, cities and counties, counties, school districts, or other districts within this state may, by any law now or hereafter enacted, be used as security for the performance of any act or the deposit of any public moneys, the bonds issued pursuant to this chapter may be so used. The provisions of this chapter are in addition to all other laws relating to legal investments and shall be controlling as the latest expression of the Legislature with respect thereto.

title: 5. LOCAL AGENCIES


text:
Notwithstanding any other provision of law:

(a) The authority and its revenues are exempt from all taxes on, or measured by, income.

(b) Bonds issued by the authority are exempt from all property taxation, and the interest on the bonds is exempt from all taxes on income.

(c) All property owned by the agency is exempt from property taxes, assessments, and other public charges secured by liens.

title: 5. LOCAL AGENCIES


text:
(a) Bonds issued pursuant to this chapter do not constitute a debt or liability of the state or of any other public agency, other than the authority issuing the bonds, or a pledge of the faith and credit of the state or of any other public agency, other than the issuing authority, but shall be payable solely from the funds provided therefor. All of the bonds shall contain on the face thereof a statement to the following effect:

“Neither the faith and credit nor the taxing power of the State of California or any public agency, other than the (name of the issuing authority), is pledged to the payment of the principal of or interest on this bond.”

(b) The issuance of bonds pursuant to this chapter does not in any manner obligate the state or any other public agency thereof to levy, or to pledge, any form of taxation therefor or to make any appropriation for their payment.

title: 5. LOCAL AGENCIES


text: Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this chapter or the issuance of any bonds thereunder or any of the proceedings in relation thereto is contested, questioned, or denied, shall be commenced pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure within six months from the date of the election at which the ordinance is approved or, in the case of any ordinance approved prior to the effective date of this section, six months from the effective date of this section. Otherwise, the bonds and all proceedings in relation thereto, including the adoption and approval of the ordinance and the retail transactions and use tax provided for therein, shall be held to be valid and in every respect legal and incontestable.

title: 5. LOCAL AGENCIES


text: The authority has no power to impose any tax other than the transactions and use tax imposed upon approval of the voters in accordance with this chapter.

title: 5. LOCAL AGENCIES


text: If any provision of this chapter or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

title: 5. LOCAL AGENCIES


text: This division shall be known and may be cited as the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

history: (History: Amended by Stats. 2000, Ch. 761, Sec. 3.5. Effective January 1, 2001.)

title: 5. LOCAL AGENCIES

path: 5. LOCAL AGENCIES > 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 > 1. Legislative Findings and Declarations


text:
The Legislature finds and declares that it is the policy of the state to encourage orderly growth and development which are essential to the social, fiscal, and economic well-being of the state. The Legislature recognizes that the logical formation and determination of local agency boundaries is an important factor in promoting orderly development and in balancing that development with sometimes competing state interests of discouraging urban sprawl, preserving open-space and prime agricultural lands, and efficiently extending government services. The Legislature also recognizes that providing housing for persons and families of all incomes is an important factor in promoting orderly development. Therefore, the Legislature further finds and declares that this policy should be effected by the logical formation and modification of the boundaries of local agencies, with a preference granted to accommodating additional growth within, or through the expansion of, the boundaries of those local agencies which can best accommodate and provide necessary governmental services and housing for persons and families of all incomes in the most efficient manner feasible.

The Legislature recognizes that urban population densities and intensive residential, commercial, and industrial development necessitate a broad spectrum and high level of community services and controls. The Legislature also recognizes that when areas become urbanized to the extent that they need the full range of community services, priorities are required to be established regarding the type and levels of services that the residents of an urban community need and desire; that community service priorities be established by weighing the total community service needs against the total financial resources available for securing community services; and that those community service priorities are required to reflect local circumstances, conditions, and limited financial resources. The Legislature finds and declares that a single multipurpose governmental agency is accountable for community service needs and financial resources and, therefore, may be the best mechanism for establishing community service priorities especially in urban areas. Nonetheless, the Legislature recognizes the critical role of many limited purpose agencies, especially in rural communities. The Legislature also finds that, whether governmental services are proposed to be provided by a single-purpose agency, several agencies, or a multipurpose agency, responsibility should be given to the agency or agencies that can best provide government services.

history: (History: Amended by Stats. 2000, Ch. 761, Sec. 4. Effective January 1, 2001.)

division: 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000

title: 5. LOCAL AGENCIES

chapter: 1. Legislative Findings and Declarations


text: Unless the provision or context otherwise requires, the definitions contained in this chapter govern the construction of this division. The definition of a word applies to any of that word’s variants.

history: (History: Repealed and added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)

title: 5. LOCAL AGENCIES

chapter: 2. Definitions

path: 5. LOCAL AGENCIES > 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 > 2. Definitions


text: “Affected city” means any city that contains or would contain, or whose sphere of influence contains or would contain, territory for which a change of organization is proposed or ordered, either singularly or as part of a reorganization.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 1. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Affected county” means any county that contains, or would contain, any territory for which a change of organization is proposed or ordered either singularly or as part of a reorganization or that contains all or any part of a district for which a change of organization or reorganization is proposed with respect to territory outside that county.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 2. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Affected district” means any special district, as defined by Section 56036, that contains or would contain, or whose sphere of influence contains or would contain, any territory for which a change of organization is proposed or ordered either singularly or as part of a reorganization.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 3. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Affected local agency” means any local agency that contains, or would contain, or whose sphere of influence contains or would contain, any territory for which a change of organization is proposed or ordered, either singularly or as part of a reorganization or for which a study is to be reviewed by the commission.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 4. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Affected territory” means any territory for which a change of organization, reorganization, or sphere of influence change is proposed or ordered, or any territory to which services are proposed to be provided pursuant to Sections 56133, 56133.5, or 56134.

history: (History: Amended by Stats. 2018, Ch. 86, Sec. 1. (AB 3254) Effective January 1, 2019.)

title: 5. LOCAL AGENCIES


text: “Agricultural lands” means land currently used for the purpose of producing an agricultural commodity for commercial purposes, land left fallow under a crop rotational program, or land enrolled in an agricultural subsidy or set-aside program.

history: (History: Amended by Stats. 1985, Ch. 1599, Sec. 1.7.)

title: 5. LOCAL AGENCIES


text: “Annexation” means the inclusion, attachment, or addition of territory to a city or district.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 6. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Applicant” means a local agency or person or persons that submits an application, as defined by Section 56017.2.

history: (History: Added by Stats. 2011, Ch. 300, Sec. 7. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text:
“Application” means any of the following:

(a) A resolution of application or petition initiating a change of organization or reorganization with supporting documentation as required by the commission or executive officer.

(b) A request for a sphere of influence amendment or update pursuant to Section 56425.

(c) A request by a city or district for commission approval of an extension of services outside the agency’s jurisdictional boundaries pursuant to Section 56133.

(d) A request by a public agency for commission approval of an extension of services outside the agency’s jurisdictional boundaries pursuant to Section 56134.

history: (History: Amended by Stats. 2015, Ch. 763, Sec. 1. (SB 239) Effective January 1, 2016.)

title: 5. LOCAL AGENCIES


text: “Board of directors” means the legislative body or governing board of a district.

title: 5. LOCAL AGENCIES


text: “Board of supervisors” means the legislative body or governing board of a county.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 10. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Certificate of completion” means the document prepared by the executive officer and recorded with the county recorder that confirms the final successful completion of a change of organization or reorganization.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 11. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Certificate of filing” means the document issued by the executive officer that confirms an application for a change of organization or reorganization has met submission requirements and is accepted for filing.

history: (History: Added by Stats. 2011, Ch. 300, Sec. 12. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Certificate of termination” or “certificate of termination of proceedings” means the document prepared by the executive officer and retained by the commission that indicates that a proposal for a change of organization or reorganization was terminated because of a majority written protest, rejection by voters in an election, or the expiration of time prior to completion of proceedings pursuant to Section 57001 or a court order.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 13. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text:
“Change of organization” means any of the following:

(a) A city incorporation.

(b) A district formation.

(c) An annexation to a city.

(d) An annexation to a district.

(e) A detachment from a city.

(f) A detachment from a district.

(g) A disincorporation of a city.

(h) A district dissolution.

(i) A consolidation of cities.

(j) A consolidation of special districts.

(k) A merger of a city and a district.

(l) Establishment of a subsidiary district.

(m) The exercise of new or different functions or classes of services, or divestiture of the power to provide particular functions or classes of services, within all or part of the jurisdictional boundaries of a special district as provided in Article 1.5 (commencing with Section 56824.10) of Chapter 5 of Part 3 of this division.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 14. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “City” means any incorporated chartered or general law city, including any city the name of which includes the word “town.”

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 15. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “City council” means the legislative body or governing board of a city.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 16. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “City officer” means the mayor or a member of the city council.

history: (History: Repealed and added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)

title: 5. LOCAL AGENCIES


text: “Clerk” means the clerk or secretary of a commission, county, city, or district, or the clerk or secretary of the legislative body of a county, city, or district. Where the office of county clerk is separate from the office of the clerk of the board of supervisors, “clerk” means the clerk of the board of supervisors. Where the office of county clerk is separate from the office of the registrar of voters, “clerk” means the registrar of voters with respect to all duties pertaining to the conduct of elections and the county clerk with respect to all other duties.

history: (History: Amended by Stats. 2002, Ch. 548, Sec. 1. Effective January 1, 2003.)

title: 5. LOCAL AGENCIES


text: “Commission” means a local agency formation commission.

title: 5. LOCAL AGENCIES


text: “Commission proceedings” means proceedings which are taken by a commission pursuant to Part 3 (commencing with Section 56650).

title: 5. LOCAL AGENCIES


text: “Conducting authority” means the commission of the principal county, or the commission’s executive officer when authorized by the commission, when exercising its responsibility to conduct protest proceedings following approval by the commission of a change of organization or reorganization.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 17. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Consolidation” means the uniting or joining of two or more cities located in the same county into a single new successor city or two or more districts into a single new successor district.

history: (History: Amended (as amended by Stats. 2004, Ch. 471, Sec. 1) by Stats. 2007, Ch. 98, Sec. 1. Effective January 1, 2008.)

title: 5. LOCAL AGENCIES


text:
(a) “Contiguous” means territory that abuts or shares a common boundary with territory within a local agency.

(b) Territory is not contiguous if the only contiguity is based upon a strip of land more than 300 feet long and less than 200 feet wide at its narrowest width, that width to be exclusive of highways.

history: (History: Amended by Stats. 2017, Ch. 353, Sec. 1. (AB 1725) Effective January 1, 2018.)

title: 5. LOCAL AGENCIES


text: “County officer” means a member of the board of supervisors.

title: 5. LOCAL AGENCIES


text: “Dependent special district” or “dependent district” includes any special district that has a legislative body that consists, in whole or part, of ex officio members who are officers of a county or another local agency, or who are appointees of those officers, and who are not appointed to fixed terms. “Dependent special district” or “dependent district” does not include any district excluded from the definition of district contained in Sections 56036 and 56036.6.

history: (History: Added by Stats. 2011, Ch. 300, Sec. 19. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Detachment” means the exclusion, deletion, or removal from a city or district of any portion of the territory of that city or district.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 20. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Disadvantaged unincorporated community” means inhabited territory, as defined by Section 56046, or as determined by commission policy, that constitutes all or a portion of a “disadvantaged community” as defined by Section 79505.5 of the Water Code.

history: (History: Added by Stats. 2011, Ch. 513, Sec. 3. (SB 244) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Disincorporation” means the dissolution, extinguishment, or termination of the existence of a city and the cessation of its corporate powers, except for the purpose of winding up the affairs of the city.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 21. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Dissolution” means the disincorporation, extinguishment, or termination of the existence of a district and the cessation of all its corporate powers, except as the commission may otherwise provide pursuant to Section 56886 or for the purpose of winding up the affairs of the district.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 22. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text:
(a) “District” or “special district” are synonymous and mean an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries and in areas outside district boundaries when authorized by the commission pursuant to Section 56133.

(b) “District” or “special district” includes a county service area, but excludes all of the following:

(1) The state.

(2) A county.

(3) A city.

(4) A school district or a community college district.

(5) An assessment district or special assessment district.

(6) An improvement district.

(7) A community facilities district formed pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).

(8) A permanent road division formed pursuant to Article 3 (commencing with Section 1160) of Chapter 4 of Division 2 of the Streets and Highways Code.

(9) An air pollution control district or an air quality maintenance district.

(10) A zone of any special district.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 23. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text:
(a) For the purposes of Chapter 1 (commencing with Section 57000) to Chapter 7 (commencing with Section 57176), inclusive, of Part 4 or Part 5 (commencing with Section 57300), for each of the following entities proceedings for a change of organization shall be conducted pursuant to the principal act authorizing the establishment of that district:

(1) A unified or union high school library district.

(2) A bridge and highway district.

(3) A joint highway district.

(4) A transit or rapid transit district.

(5) A metropolitan water district.

(6) A separation of grade district.

(b) For other districts, where the principal act provides, the procedures in the principal act shall supersede the procedures set forth in this division.

history: (History: Added by Stats. 2011, Ch. 300, Sec. 24. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text:
(a) For the purposes of Chapter 1 (commencing with Section 57000) to Chapter 7 (commencing with Section 57176), inclusive, of Part 4 or Part 5 (commencing with Section 57300), none of the following entities is a “district” or “special district” if the commission of the principal county determines, in accordance with Sections 56127 and 56128, that the entity is not a “district” or “special district”:

(1) A flood control district.

(2) A flood control and floodwater conservation district.

(3) A flood control and water conservation district.

(4) A conservation district.

(5) A water conservation district.

(6) A water replenishment district.

(7) The Orange County Water District.

(8) A California water storage district.

(9) A water agency.

(10) A county water authority or a water authority.

(b) If the commission determines that an entity described in this section is not a “district” or “special district,” any proceedings pursuant to Part 4 (commencing with Section 57000) for a change of organization involving the entity shall be conducted pursuant to the principal act authorizing the establishment of that entity.

history: (History: Added by Stats. 2011, Ch. 300, Sec. 25. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Divestiture of power” means the termination of the power and authority to provide particular functions or classes of services within all or part of the jurisdictional boundaries of a special district.

history: (History: Added by Stats. 2010, Ch. 47, Sec. 1. (AB 2795) Effective January 1, 2011.)

title: 5. LOCAL AGENCIES


text: “Elections official” shall have the same meaning as in Section 320 of the Elections Code.

history: (History: Added by Stats. 2000, Ch. 761, Sec. 10. Effective January 1, 2001.)

title: 5. LOCAL AGENCIES


text: “Executive officer” means the person appointed by a commission pursuant to Section 56384.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 27. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, legal, social, and technological factors.

history: (History: Added by Stats. 2000, Ch. 761, Sec. 12. Effective January 1, 2001.)

title: 5. LOCAL AGENCIES


text: “Formation” means the creation of a district.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 28. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Function” means any power granted by law to a local agency to provide designated governmental or proprietary services or facilities for the use, benefit, or protection of persons or property.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 29. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Improvement district” means an area or zone formed for the sole purpose of designating an area which is to bear a special tax or assessment for an improvement benefiting that area.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 30. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text:
“Inactive district” means a special district that meets all of the following:

(a) The special district is as defined in Section 56036.

(b) The special district has had no financial transactions in the previous fiscal year.

(c) The special district has no assets and liabilities.

(d) The special district has no outstanding debts, judgments, litigation, contracts, liens, or claims.

history: (History: Added by Stats. 2017, Ch. 334, Sec. 4. (SB 448) Effective January 1, 2018.)

title: 5. LOCAL AGENCIES


text: “Incorporation” means the creation or establishment of a city. Any area proposed for incorporation as a city shall have at least 500 registered voters residing within the affected territory at the time the proposal is initiated.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 32. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Independent district” or “independent special district” includes any special district having a legislative body all of whose members are elected by registered voters or landowners within the district, or whose members are appointed to fixed terms, and excludes any special district having a legislative body consisting, in whole or in part, of ex officio members who are officers of a county or another local agency or who are appointees of those officers other than those who are appointed to fixed terms. “Independent special district” does not include any district excluded from the definition of district contained in Sections 56036 and 56036.6.

history: (History: Amended by Stats. 2013, Ch. 87, Sec. 1. (AB 1427) Effective January 1, 2014.)

title: 5. LOCAL AGENCIES


text: “Independent special district officer” means the presiding officer or a member of the legislative body of an independent special district.

history: (History: Repealed and added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)

title: 5. LOCAL AGENCIES


text: “Indirect cost” has the same meaning as used in paragraph (2) of subdivision (b) of Section 33338 of the Education Code.

history: (History: Added by Stats. 2015, Ch. 304, Sec. 2. (AB 851) Effective January 1, 2016.)

title: 5. LOCAL AGENCIES


text: “Inhabited territory” means territory within which there reside 12 or more registered voters. The number of registered voters, as determined by the elections officer, shall be established as of the date a certificate of filing is issued by the executive officer.

history: (History: Amended by Stats. 2018, Ch. 86, Sec. 2. (AB 3254) Effective January 1, 2019.)

title: 5. LOCAL AGENCIES


text: “Initiate” or “initiation” means the issuance of a certificate of filing by the executive officer.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 35. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Interested agency” means each local agency which provides facilities or services in the affected territory.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 36. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Joint powers agency” or “joint powers authority” means an agency or entity formed pursuant to the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1) that is formed for the local performance of governmental functions that includes the provision of municipal services.

history: (History: Added by Stats. 2014, Ch. 21, Sec. 1. (AB 2156) Effective January 1, 2015.)

title: 5. LOCAL AGENCIES


text:
“Landowner” or “owner of land” means any of the following:

(a) A person or persons shown as the owner of land on the last equalized assessment roll prepared by the county at the time the determination is required to be made pursuant to the requirements of this division. Where that person or persons are no longer the owner, the landowner or owner of land is any person or persons entitled to be shown as the owner of land on the next equalized assessment roll.

(b) Where land is subject to a recorded written agreement of sale, any person shown in the agreement as the purchaser.

(c) Any public agency owning land other than highways, rights-of-way, easements, waterways, or canals.

history: (History: Amended by Stats. 2013, Ch. 87, Sec. 2. (AB 1427) Effective January 1, 2014.)

title: 5. LOCAL AGENCIES


text: “Landowner-voter” means any person entitled to vote in a landowner-voter district, or the legal representative of that person or, in the case of an election, the proxy of that person if authorized by the principal act.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 38. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES


text: “Landowner-voter district” means a district whose principal act provides that owners of land within the district are entitled to vote upon the election of district officers, the incurring of bonded indebtedness, or any other district matter.

title: 5. LOCAL AGENCIES