text: The secretary of the board shall cause notice of the time and place of hearing to be posted for a period of two weeks next preceding the hearing (a) in three public places in the area requested to be excluded, and (b) in three public places in the area of the distribution district which has not been requested to be excluded, and to be published once a week for two weeks in a newspaper of general circulation in the county in which any portion of the distribution district is located.

article: 2. Exclusion of Land


kind: section

code: WAT

text: At the time and place of the hearing, anyone interested in the petition for exclusion may appear before the board of the district and urge or oppose its approval. After the hearing, if the board of the district determines that it is for the best interests of the distribution district that the land requested to be excluded, or any portion thereof, should be excluded, the board of the district shall make an order excluding the land, or portion thereof, and cause it to be recorded in the office of the county recorder of each county in which the excluded land is located.

history: (History: Added by Stats. 1951, Ch. 145.)

division: 11. IRRIGATION DISTRICTS

chapter: 2. Inclusion and Exclusion of Land

article: 2. Exclusion of Land

path: 11. IRRIGATION DISTRICTS > 2. Inclusion and Exclusion of Land > 2. Exclusion of Land


text: All expenses incurred in connection with a petition to exclude lands from a distribution district shall be paid by the petitioners.

article: 2. Exclusion of Land


text: In a district containing a distribution district the board and all of the officers of the district each respectively has all of the rights, powers, and privileges as to the distribution district, its land, and the proceedings in relation to the distribution district that each respectively has for the district of which the distribution district is a part, including the right of the district to acquire, own, hold, and dispose of property, and to contract in the name of the distribution district.

history: (History: Added by Stats. 1949, Ch. 169.)

article: 1. Distribution District Management

path: 11. IRRIGATION DISTRICTS > 3. Functioning of Distribution Districts > 1. Distribution District Management


text: The board may also hold or dispose of property used or acquired in connection with the distribution district in the name of the directors and their successors in office as trustees for the distribution district.

chapter: 3. Functioning of Distribution Districts

article: 1. Distribution District Management


text: The board of the district may in lieu in whole or in part of levying ad valorem assessments for repayment of construction costs under a contract with the United States pursuant to the federal reclamation laws, fix and collect charges for the use of water or for any other service furnished by means of the distribution system in the same manner and with the same effect as charges are made and collected by districts for the use of water or for services.

article: 1. Distribution District Management


text: The board of the district may provide for any maintenance and operation of the distribution system of a distribution district that may be required by the provisions of the contract between the distribution district and the United States under the federal reclamation laws, from funds of the irrigation district in lieu of levying further distribution district assessments for such purposes.

article: 1. Distribution District Management


text: A district may issue distribution district warrants signed by its president and secretary from receipts of distribution district assessments and charges in such amounts and to the United States or such persons as may be required to carry out the provisions of a contract between a distribution district and the United States, executed under the federal reclamation laws.

article: 2. Distribution District Warrants

path: 11. IRRIGATION DISTRICTS > 3. Functioning of Distribution Districts > 2. Distribution District Warrants


text: All acts, proceedings, conclusions, and findings of fact, including the levy of assessments or charges, by a board of a district concerning a distribution district therein shall be conclusive except in an action or proceeding instituted within six months after the acts, proceedings, conclusions, or findings were had or made.

article: 3. Actions and Proceedings

path: 11. IRRIGATION DISTRICTS > 3. Functioning of Distribution Districts > 3. Actions and Proceedings


text: An action to determine the validity of an assessment may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

history: (History: Amended by Stats. 1961, Ch. 1540.)

article: 3. Actions and Proceedings


text: At any time prior to incurring any indebtedness or obligation, or upon the full payment of all indebtedness or obligations of a distribution district a petition, signed and acknowledged by not less than the number of owners of land constituting the distribution district required to sign a petition to form the distribution district, may be filed with the board requesting that the distribution district be dissolved.

path: 11. IRRIGATION DISTRICTS > 4. Dissolution of Distribution Districts


text: A hearing on dissolution shall be had in the same manner and after the same notice as is required for the formation of a distribution district.

chapter: 4. Dissolution of Distribution Districts


text: The board may, after the hearing, order the distribution district dissolved.


text: The order of dissolution shall be recorded in the same manner as the order forming the distribution district.


text:
Land which need not be contiguous may be formed into an improvement district for one or more of the following:

(a) Irrigation or domestic water service by a system of pumps or conduits or both.

(b) Drainage or flood control.

(c) Acquisition of existing works incidental to a water distribution system separate from or supplemental to the works of the district.

(d) Change or improvement of the water distribution system of the district.

(e) Maintenance of irrigation works of the district and works for water supply or drainage or both in or for the improvement district.

(f) Control of weeds in or along conduits.

history: (History: Amended by Stats. 1947, Ch. 536.)

chapter: 1. Formation

article: 1. Petition for Formation

path: 11. IRRIGATION DISTRICTS > 1. Formation > 1. Petition for Formation


text:
As used in connection with improvement districts:

(a) “Improvement” includes acquisition of existing works, construction of new works, and change of existing works and excludes operation, maintenance, and weed control.

(b) “Construction” includes change of existing works.

(c) Both “operation” and “maintenance” include weed control.

history: (History: Added by Stats. 1943, Ch. 372.)

article: 1. Petition for Formation


text: The formation of an improvement district may be proposed and the petition therefor shall be signed by two-thirds or more in number of the holders of title to the land in the proposed improvement district.

article: 1. Petition for Formation


text:
A petition for the formation of an improvement district shall contain all of the following:

(a) Statement of the plans of the proposed improvement.

(b) Description of the land in the proposed improvement district.

(c) Names of the owners of all land within the proposed improvement district with their last known addresses.

(d) Description of the land owned in the proposed improvement district by each owner, which shall be according to the next preceding equalized assessment book of the district. District owned land in the proposed improvement district shall be described whether or not it appears on the next preceding assessment book of the district.

(e) Signatures of the petitioners.

article: 1. Petition for Formation


text: The petition, all proceedings in reference to it, the improvement district, and the land in it shall be designated by a number.

article: 1. Petition for Formation


text: The petition may consist of any number of separate instruments, which shall be duplicates except as to signatures.

article: 1. Petition for Formation


text: A petition to form an improvement district shall be filed with the secretary in the office of the district and may be inspected by all persons interested.

article: 1. Petition for Formation


text:
Notwithstanding Section 23602, or any other provision of law to the contrary, in the Palmdale Irrigation District the formation of an improvement district may be proposed by the board of the district. In such event no petition shall be required for the formation of the improvement district, but the board shall give notice of and hold a hearing on the proposal as nearly as practicable in accordance with the provisions of this chapter. If the board finds that it would be for the best interests of the district and the proposed improvement district to form the improvement district, it shall proceed with the formation of the improvement district as nearly as practicable in accordance with the provisions of this chapter, except that it shall not enter a final order forming the improvement district unless the formation of the improvement district as proposed by the board is approved by the voters of the proposed improvement district at an election held within the proposed improvement district at which a majority of the voters voting on the proposition approve the formation of the improvement district as proposed by the board. Such election may be consolidated with any other election held within the district.

At the time of the hearing on the proposed improvement district, the board of directors may also determine that it is in the best interests of the district and of the improvement district that bonds be sold to finance the acquisition of any existing improvements within the improvement district and the construction of other improvements therein. An election shall then be called to submit to the voters the proposal of whether or not bonds in the amount determined by the board should be authorized, and the election shall be called and held pursuant to the provisions of Chapter 4 (commencing with Section 21925) of Part 4 of this division. In that event the bond election shall be consolidated with the election for the formation of the improvement district and the improvement district shall not be formed unless two-thirds of the votes cast are in favor of both the formation of the district and the issuance of the bonds.

history: (History: Added by Stats. 1971, Ch. 554.)

article: 1. Petition for Formation


text:
Notwithstanding Section 23602, or any other provision of law to the contrary, in the Littlerock Creek Irrigation District the formation of an improvement district may be proposed by the board of the district. In such event no petition shall be required for the formation of the improvement district, but the board shall give notice of and hold a hearing on the proposal as nearly as practicable in accordance with the provisions of this chapter. If the board finds that it would be for the best interests of the district and the proposed improvement district to form the improvement district, it shall proceed with the formation of the improvement district as nearly as practicable in accordance with the provisions of this chapter, except that it shall not enter a final order forming the improvement district unless the formation of the improvement district as proposed by the board is approved by the voters of the proposed improvement district at an election held within the proposed improvement district at which a majority of the voters voting on the proposition approve the formation of the improvement district as proposed by the board. Such election may be consolidated with any other election held within the district.

At the time of the hearing on the proposed improvement district, the board of directors may also determine that it is in the best interests of the district and of the improvement district that bonds be sold to finance the acquisition of any existing improvements within the improvement district and the construction of other improvements therein. An election shall then be called to submit to the voters the proposal of whether or not bonds in the amount determined by the board should be authorized, and the election shall be called and held pursuant to the provisions of Chapter 4 (commencing with Section 21925) of Part 4 of this division. In that event the bond election shall be consolidated with the election for the formation of the improvement district and the improvement district shall not be formed unless two-thirds of the votes cast are in favor of both the formation of the district and the issuance of the bonds.

history: (History: Added by Stats. 1972, Ch. 144.)

article: 1. Petition for Formation


text: Upon receipt of a petition to form an improvement district the board shall cause a survey to be made of the proposed improvements, if any.

article: 2. Plans and Estimate of Assessment

path: 11. IRRIGATION DISTRICTS > 1. Formation > 2. Plans and Estimate of Assessment


text:
If the survey shows that the improvements are feasible, the board shall cause to be prepared the following:

(a) Plans and specifications of the improvements proposed to be constructed when the petition proposes the construction of improvements.

(b) An estimate of the cost of the proposed improvements which may include an amount not in excess of 10 percent of the aggregate cost of the proposed improvements to create a reserve fund to be used and applied as additional security for the payment of principal of and interest on any warrants of the improvement district issued against assessments levied for the payment of the cost of the proposed improvement.

(c) Statement of the proposed assessment for the cost of the proposed improvements apportioned to each tract of land in the proposed improvement district as the tracts appear on the last equalized district assessment book and to district-owned land in the proposed improvement district whether or not it appears on the last equalized district assessment book, which apportionment shall be according to the benefits that will accrue to each tract by virtue of the proposed improvements.

history: (History: Amended by Stats. 1953, Ch. 391.)

article: 2. Plans and Estimate of Assessment


text: If there are any, the plans and specifications, estimate of cost, and the statement of the proposed assessment shall be filed with the secretary in the office of the district and may be inspected by all persons interested.

article: 2. Plans and Estimate of Assessment


text: After the filing of the formation petition, and if any, the plans and specifications, the estimate of cost, and statement of the proposed assessment, the board shall give notice of a hearing upon the petition, and if a special assessment is to be levied in the improvement district pursuant to Article 4 of this chapter, the notice shall also state that the hearing is called to determine whether or not the special assessment should be levied.

article: 3. Hearing on Formation

path: 11. IRRIGATION DISTRICTS > 1. Formation > 3. Hearing on Formation


text:
Notice of the hearing shall be given by all of the following:

(a) Posting a notice in three public places within the proposed improvement district.

(b) Publication of the notice once a week for two weeks in a newspaper published in the office county.

(c) Mailing a copy of the notice to the last known address of all of the owners of land in the proposed improvement district to the addresses appearing in the petition.

The notices shall be posted and mailed not less than 20 days prior to the date set for the hearing.

article: 3. Hearing on Formation


text:
At the hearing the board shall hear any objections coming before it to any of the following:

(a) The petition.

(b) The formation of the improvement district.

(c) The land to be included within the improvement district.

(d) The plans and specifications.

(e) The estimate of cost.

(f) The proposed assessment.

(g) The apportionment of the assessment.

article: 3. Hearing on Formation


text: At the hearing the board shall make any changes in reference to the matters set forth in Section 23647 as it considers proper. The board may exclude any part of the land described in the petition from the proposed improvement district and may include additional land.

article: 3. Hearing on Formation


text: If any additional land is included in the proposed improvement district, the hearing shall be continued and the owners of the added land given personal notice of not less than 20 days of the addition of the land to the improvement district.

article: 3. Hearing on Formation


text:
Any of the following conditions specified in the plans and specifications of any improvement district heretofore or hereafter formed imposed upon the respective parcels of land in the improvement district are binding and may be enforced:

(a) Limitations, based on the amount of assessment in the respective parcels or otherwise on:

(1) Number of outlets;

(2) Number of services;

(3) Number of connections with the improvement district pipe line;

(4) Uses to which water may be put;

(5) Quantity of water that may be used.

(b) Increases provided for as to any of the foregoing on condition that specified tolls, connection charges, or additional assessments are paid.

history: (History: Added by Stats. 1947, Ch. 718.)

article: 3. Hearing on Formation


text: All such tolls, connection charges, and additional assessments shall be held and applied upon and reduce the last call or calls of the improvement district assessment, or held, and used, or distributed as provided for in Section 24529.

article: 3. Hearing on Formation


text: Regardless of any findings made by the board if more than one-third in number of the holders of title to land within a proposed improvement district object at the hearing to its formation or the levy of the proposed assessment, the board shall deny the petition, and no further proceeding shall be had on it.

article: 4. Formation and Assessment

path: 11. IRRIGATION DISTRICTS > 1. Formation > 4. Formation and Assessment


text: If at the hearing the board finds that it would not be for the best interests of the district and the proposed improvement district to form the improvement district the board shall order the proceedings dismissed without prejudice to their renewal.

article: 4. Formation and Assessment


text:
If the board finds that it would be for the best interests of the district and the proposed improvement district to form the improvement district, it shall make and enter in its minutes a final order:

(a) Approving the petition.

(b) Forming the improvement district.

(c) Levying the assessment if any is provided for and if the assessment is necessary.

(d) Apportioning the assessment, if levied, to the land in the improvement district according to benefits.

article: 4. Formation and Assessment


text: The order shall contain a description of the land in the improvement district.

article: 4. Formation and Assessment


text:
Any assessment levied pursuant to Section 23667 shall include both of the following sums:

(a) An amount equal to interest on any deferred payments at a rate not exceeding 12 percent each year.

(b) An amount equal to 10 percent more than all other sums to be raised by the assessment, in order to provide for anticipated delinquencies.

history: (History: Amended by Stats. 1981, Ch. 740, Sec. 2.)

article: 4. Formation and Assessment


text: Except as provided in Section 23670.1, the assessment may be made payable in not more than 10 annual installments.

history: (History: Amended by Stats. 1955, Ch. 1189.)

article: 4. Formation and Assessment


text: Upon approval by two-thirds of the board, the assessment may be made payable in not more than 20 annual installments.

history: (History: Amended by Stats. 1991, Ch. 1226, Sec. 30.)

article: 4. Formation and Assessment


text: The secretary shall cause a certified copy of the order creating the improvement district to be recorded in the office of the county recorder in each county in which any land of the improvement district is situated.

article: 4. Formation and Assessment


text: The assessment and each installment of it shall be and remain a lien on the land in the improvement district in the same manner as and be a part of the annual assessment of the district.

article: 4. Formation and Assessment


text: Upon a change or resubdivision upon the assessment book of the district of any parcel of land in an improvement district, the board upon its own initiative or upon a petition of the owner of the parcel so changed or resubdivided, may reapportion the improvement district assessment upon the parcel, and the order of reapportionment shall be recorded in the same manner as the order levying the original assessment.

article: 4. Formation and Assessment


text:
If the actual cost of the improvements is substantially less than the estimated cost the assessment may be reduced proportionately on each parcel by recomputing it based on actual costs with the percentage and interest provided for in Section 23669 added thereto. The reapportionment or a statement that the assessment on each parcel has been reduced by a designated percentage shall be recorded in the same manner as the order levying the original assessment.

Installments of assessments levied on district owned land becoming due while the land is still owned by the district shall be paid by the district. Conveyance of such lands into private ownership shall not release the lien thereon of the assessment and the unpaid installments of it.

history: (History: Amended by Stats. 1947, Ch. 816.)

article: 4. Formation and Assessment


text: This chapter provides an alternative procedure for forming an improvement district within a district for the purpose of the construction of improvements in it, or the acquisition, installation, replacement, or extension of existing works for the production and distribution of water, or any number of these if the cost thereof will not exceed the sum of fifty thousand dollars ($50,000) and the area of the land to be included in the improvement district does not exceed 1,000 acres.

history: (History: Amended by Stats. 1953, Ch. 1465.)

chapter: 2. Alternative Procedure for Formation

article: 1. Proposal by Board

path: 11. IRRIGATION DISTRICTS > 2. Alternative Procedure for Formation > 1. Proposal by Board


text: Unless otherwise expressly provided the formation proceedings provided by this chapter shall be conducted in accordance with the provisions of the next preceding chapter.

history: (History: Amended by Stats. 1943, Ch. 372.)

article: 1. Proposal by Board


text: No petition is required for the formation of an improvement district pursuant to this chapter.

article: 1. Proposal by Board


text:
The board may by resolution cause a survey of the proposed improvement to be made, which survey shall include each of the following:

(a) Detailed plans and specifications.

(b) An estimate of the total cost of the improvement.

(c) A description of the land to be benefited.

article: 1. Proposal by Board


text: If the cost of the improvements does not require a special assessment in excess of a total of fifty dollars ($50) per acre over an area to be improved not in excess of 1,000 acres, the board may by resolution set a time for a hearing on whether or not to form the improvement district.

article: 2. Hearing and Formation

path: 11. IRRIGATION DISTRICTS > 2. Alternative Procedure for Formation > 2. Hearing and Formation


text: The board shall give notice of the time and place of the formation hearing in the same manner as provided for the giving of notice for the hearing of a formation petition pursuant to Chapter 1 of this part except that the notice to be mailed to the property owners shall be addressed to their last known address as shown on the assessment book or other records of the district.

article: 2. Hearing and Formation


text: Owners of the property proposed to be included within the improvement district may be heard either in opposition to or in support of the formation of the improvement district.

article: 2. Hearing and Formation


text: Proceedings at the hearing shall be the same as provided for at a hearing upon the formation petition pursuant to Chapter 1 of this part.

article: 2. Hearing and Formation


text: Upon the conclusion of the hearing to form an improvement district an order shall be made by the board either dismissing the proceedings or ordering the improvement to proceed in the same manner and with the same effect as provided in Article 4 of Chapter 1 of this part.

article: 2. Hearing and Formation


text: If a formation order is made pursuant to this chapter, the land formed into the improvement district shall, for a period not to exceed five years, be assessed in an amount not to exceed ten dollars ($10) per acre per year in addition to the regular assessments levied on the same land annually for district purposes.

article: 2. Hearing and Formation


text: Assessments in an improvement district formed pursuant to this chapter shall be levied, collected, and enforced at the same time and in the same manner as annual assessments for district purposes.

article: 2. Hearing and Formation


text:
As used in this chapter and in other chapters when applied to an improvement district or proposed improvement district formed or to be formed under this chapter,

(a) “Land” means land entitled to receive water from a district as a matter of right but located outside the district, and land in the district, or either of these.

(b) “Revenue” means all or any part of any source or sources of payment excluding assessments.

history: (History: Added by Stats. 1947, Ch. 717.)

chapter: 2A. Revenue Improvement Districts

path: 11. IRRIGATION DISTRICTS > 2A. Revenue Improvement Districts


text: Unless otherwise expressly provided in this chapter the provisions of all sections of Part 7 of this division shall be applicable to an improvement district formed pursuant to this chapter.


text: Land may be formed into an improvement district for one or more of the purposes provided for in Chapter 1 of this part.


text: The formation of an improvement district under this chapter may be proposed and the petition therefor shall be signed by two-thirds or more in number of the holders of title to the land in the proposed improvement district and the signatures must include those of two-thirds or more in number of the holders of title to the land in the proposed improvement district located outside the district and two-thirds or more in number of the holders of title to the land in the proposed improvement district located in the district if both classes of land are to be included.


text: Land, in the proposed improvement district, located outside the district shall be described in the petition by each owner, which shall be according to the next preceding equalized county assessment roll.


text: No assessment shall be levied in the improvement district and no statement thereof prepared, but in lieu thereof the cost of the improvement and the improvement district warrants issued and interest thereon shall be paid from revenue designated by the board in its order forming the improvement district.


text: The notice provided for in Section 23645 shall also state that the hearing is called to determine the allocation of revenue to pay the costs of the proposed improvement.


text: Regardless of any findings made by the board if more than one-third in number of the holders of title to land, in the proposed improvement district, located outside the district or more than one-third in number of the holders of title to land, in the proposed improvement district, located inside the district, object at the hearing to its formation or the allocation of revenue made to pay the cost of the proposed improvement, the board shall deny the petition and no further proceedings shall be had on it.


text: Until the payment or retirement of the warrants for the benefit of which an allocation was made, the allocation shall be irrevocable and the revenue allocated shall be applied solely to the payment of the obligations specified in the allocating order.


text: Before April 1st of each year after the warrants are issued the board shall fix charges for the use of water in the improvement district sufficient, when added to other allocated revenue that will be received during the current year, to provide funds adequate to pay the amount of the improvement district warrants and interest thereon then due and that will fall due during the current year plus an amount equal to 10 percent more than such amount if the warrants provide that such additional amount shall be charged to establish a reserve fund to further assure payment of the warrants and interest.


text: Except as provided in Section 23811, the improvement district warrants shall be made payable over not to exceed a period of 10 years and shall specify a rate of interest fixed at the time of their issuance not exceeding 8 percent per year.

history: (History: Amended by Stats. 1975, Ch. 130.)


text: Upon approval by two-thirds of the board, the improvement district warrants shall be made payable over not to exceed a period of 20 years and shall specify a rate of interest fixed at the time of their issuance not exceeding 8 percent per year.

history: (History: Amended by Stats. 1991, Ch. 1226, Sec. 31.)


text: If the assessments levied upon land in an improvement district are insufficient to pay the cost of improvements or the warrants issued for the improvements, a supplemental assessment shall be levied upon all of the land in the improvement district sufficient to pay the cost or the warrants.

chapter: 3. Further Assessments and Inclusion

article: 1. Supplemental Assessments

path: 11. IRRIGATION DISTRICTS > 3. Further Assessments and Inclusion > 1. Supplemental Assessments


text: The procedure followed in making the supplemental levy shall be substantially the same as for making the original levy, except that no petition is required.

article: 1. Supplemental Assessments


text: Whenever it is desired to do additional work or acquire additional property in or for an improvement district, upon the petition of two-thirds in number of the holders of title to the land in the improvement district an additional assessment may be levied substantially in the same manner as the original assessment.

article: 2. Assessment for New Purposes

path: 11. IRRIGATION DISTRICTS > 3. Further Assessments and Inclusion > 2. Assessment for New Purposes


text: If at any time it is desired to include additional land in an improvement district, a petition for inclusion signed by the holders of title to the land to be included may be filed with the board.

article: 3. Inclusion of Land

path: 11. IRRIGATION DISTRICTS > 3. Further Assessments and Inclusion > 3. Inclusion of Land


text: The inclusion petition shall describe the land in the improvement district as enlarged by the proposed inclusions and give the names and addresses of the owners of the additional land in substantially the same manner as in the original petition for forming an improvement district.

article: 3. Inclusion of Land


text: The same proceedings shall be had on the improvement district inclusion petition as upon the original petition for the formation of an improvement district.

article: 3. Inclusion of Land


text: The board may prescribe any conditions upon the inclusion of the land that it deems just.

history: (History: Added by Stats. 1947, Ch. 536.)

article: 3. Inclusion of Land


text: If any conditions not contained in the petition for inclusion are prescribed by the board the lands shall not be included until two-thirds in number of the petitioners approve the conditions in writing.

article: 3. Inclusion of Land


text: This chapter provides an alternative method for the formation of improvement districts for the purpose of cooperating and contracting with the United States and agencies thereof pursuant to the Irrigation District Federal Cooperation Law as contained in Chapter 2 (commencing with Section 23175) of Part 6 of Division 11, or for the purpose of sewage disposal, irrigation water service by a system of pumps, conduits, or both, maintenance of irrigation works, drainage, or distribution of water. The term “district” or “districts” as used in the Irrigation District Federal Cooperation Law shall include improvement districts formed pursuant to the provisions of this chapter. This chapter shall not apply to or affect any other provisions of this division for the formation of improvement districts or the incurring of indebtedness therefor.

history: (History: Amended by Stats. 1967, Ch. 35.)

path: 11. IRRIGATION DISTRICTS > 3.5. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor


text: Improvement districts consisting of a portion of the territory of a district may be formed within a district and, notwithstanding any other provision in this division, bonds of the district may be issued for such improvement districts as provided in this chapter.

history: (History: Added by Stats. 1963, Ch. 580.)

chapter: 3.5. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor


text: Bonds of a district for an improvement district may be issued for either the purpose of cooperating and contracting with the United States pursuant to the Irrigation District Federal Cooperation Law as contained in Chapter 2 (commencing with Section 23175) of Part 6 of Division 11, or for any of the other purposes specified in Section 23900.


text: Whenever the board is of the opinion that an improvement district should be formed for the purpose set forth in this chapter, the board shall adopt a resolution of intention which shall state: (a) the intention of the board to form the proposed improvement district, (b) the purpose for which the proposed improvement district is to be formed, (c) the estimated expense of carrying out the purpose, (d) that assessments for carrying out the purpose shall be levied exclusively upon the lands in the proposed improvement district, (e) that a map showing the exterior boundaries of the proposed improvement district, which map shall govern for all details as to the extent of the proposed improvement district, is on file with the secretary of the district and is available for inspection by any person or persons interested, (f) the time and place for a hearing by the board on the formation of the proposed improvement district, the extent thereof, the purpose for which it is to be formed, the benefit to lands within the proposed improvement district from carrying out such purpose, the estimated expense of carrying out such purpose or any other matter relating to any of the foregoing, and (g) that at the time and place specified any persons interested, including all persons owning lands in the district or in the proposed improvement district, may appear and be heard.


text: Notice of the hearing shall be given by publishing a copy of the resolution of intention in a newspaper of general circulation published in each affected county, pursuant to Section 6066 of the Government Code, the first publication to be at least fourteen (14) days prior to the time fixed for the hearing. The notice shall also be given by posting a copy of the resolution in three public places within the proposed improvement district for at least fourteen (14) days prior to the time fixed for the hearing. No notice other than that required by this section need be given.


text: At the time and place so fixed, or at any time or place to which the hearing is continued, the board shall hold the hearing provided for by the resolution of intention, at which hearing any person interested, including all persons owning land in the district, or in the proposed improvement district, may appear and be heard concerning any matters set forth in the resolution of intention or any matters material thereto.


text: At the hearing the board may adopt a resolution proposing modifications relating to any or all of the following: (a) a modification of the boundaries of the proposed improvement district, (b) the addition to the proposed improvement district of lands which in its opinion will be benefited by carrying out the purpose described in the resolution of intention, (c) the exclusion from the proposed improvement district of any lands described in the resolution of intention which in its opinion will not be benefited by carrying out such purpose or (d) the increasing, decreasing or otherwise modifying of the purpose stated in the resolution of intention. The resolution proposing modification shall describe the proposed modifications, state the change, if any, in the estimated expense of carrying out the purpose, and shall fix a time and place for hearing by the board thereon.


text: The board shall not order any modifications except after publication of the resolution proposing such modifications once in the same newspaper in which the resolution of intention was published, such publication to be at least fourteen (14) days prior to the date of hearing on the proposed modifications.


text: The hearing on any proposed modifications, or any continuance thereof, may be held at the same time and place as any continued hearing on the resolution of intention and both hearings may be held and conducted concurrently.


text: At the conclusion of the hearing on the resolution of intention and of the hearing, if any, upon proposed modifications, the board may by resolution order the improvement district formed for the purpose and with the exterior boundaries described in the resolution of intention, or for the purpose and with the exterior boundaries as proposed to be modified in the resolution, if any, proposing modifications. The resolution ordering the district formed shall state the estimated expense of carrying out the purpose described therein. The resolution shall also number and designate the improvement district substantially as “Improvement District No. ____ of ____ District.”


text: After adopting the resolution ordering the improvement district formed, the board may provide for and call a special bond election within such improvement district to submit to the voters of the improvement district a proposition of whether or not an indebtedness of the district shall be incurred and bonds issued therefor in an amount not exceeding the estimate stated in the resolution ordering the improvement district formed, such indebtedness and bonds to be payable from assessments to be levied and collected upon lands within the improvement district.


text: Except as otherwise provided in this chapter, special bond elections within an improvement district shall be called, noticed, held, conducted and the results thereof canvassed in substantially the same manner as is provided in this division for general obligation bond elections held in the entire district.


text: If two-thirds of the votes cast upon the proposition at a special bond election held in an improvement district are in favor of the issuance of the bonds of the district for the improvement district, the board may by resolution, at such time or times as it deems proper, provide for the issuance of all or any part of such bonds.


text: Bonds of the district for the improvement district shall be issued and sold in substantially the same manner and upon the same terms and conditions as general obligation bonds of the entire district, except that assessments for the payment of the bonds and the interest thereon shall be levied and collected from annual assessments to be levied upon and collected from lands within the improvement district. The bonds shall be issued in the name of the district and shall be designated “Bonds of ________ District for Improvement District No. ___” and each bond and all interest coupons shall state that the assessment for the payment thereof shall be limited to annual assessments to be levied upon and collected from the lands within the improvement district, except to the extent that provision for such payment has been made by the board, as may be permitted by law.


text: Except to the extent that provision has otherwise been made by the board, as may be permitted by law, for the payment of the principal of and interest upon bonds of the district for the improvement district as they become due and also for the payment of the operating expenses of such improvement district, the annual estimate made by the board of the sum required by the district to discharge all of its obligations shall, in addition to the other amounts required to be included therein, include an amount sufficient to pay the principal of bonds of the district for such improvement district and the interest thereon as the same becomes due and also to pay operating expenses for the improvement district.


text: In addition to the charges authorized to be fixed and collected pursuant to Article 3 (commencing with Section 22280) Chapter 2, Part 5 of this division, the board in lieu, in whole or in part, of raising money for the payment of the principal of and interest on bonds of the district issued for an improvement district or for the operating expenses of the improvement district, may fix and collect charges for the making of water available to the holders of title to land in the improvement district or the occupants thereon. Such additional charges within an improvement district shall be fixed and collected in substantially the same manner and upon the same terms and conditions as is provided in Article 3 (commencing with Section 22280), Chapter 2, Part 5 of this division for charges to be fixed and collected within the entire district, except that such additional charges fixed and collected from an improvement district shall be expended only for the payment of the principal of and interest upon bonds of the district issued for the improvement district or for payment of the operating expenses of the improvement district.


text: Except as otherwise provided in this chapter, the provisions of this division applicable to general obligation bonds of the district and assessments therefor shall, so far as consistent with this chapter, apply to general obligation bonds of the district for improvement districts therein.


text: The treasurer shall establish a separate fund for general obligation bonds of the district for each improvement district to which shall be apportioned money properly belonging to such general obligation bond fund. The money in any separate general obligation bond fund shall be used for the payment of bonds of the district for the particular improvement district and interest thereon and until the bonded indebtedness of the district therefor is discharged shall not be used for any other purpose.


text: In a district containing an improvement district the board and all of the officers of the district each respectively has all the rights, powers, and privileges as to the improvement district, its land, and the proceedings in relation to the improvement district that each respectively has for the district of which the improvement district is a part, including the right of the district to acquire, own, and hold property.

history: (History: Added by Stats. 1943, Ch. 372.)

chapter: 4. Functioning of Improvement Districts

article: 1. Improvement District Management

path: 11. IRRIGATION DISTRICTS > 4. Functioning of Improvement Districts > 1. Improvement District Management


text: The board may also hold property used or acquired in connection with the improvement in the name of the directors and their successors in office as trustees for the improvement district.

article: 1. Improvement District Management


text: The board of a district in which an improvement district exists may allow on terms that may be agreed upon any person to carry water through any conduit for the improvement of which the improvement district was formed and may cancel the right in the event that payments are not made in accordance with the agreed terms.

article: 1. Improvement District Management


text: The work of improvement provided for in this part and the purchase of all supplies, material, and equipment therefor shall be performed by the district, or in the discretion of the board contracts may be made for the work and material after notice calling for bids, as prescribed by the board.

article: 1. Improvement District Management


text: The board of the district may in lieu in whole or in part of levying assessments for the operation of improvement district works fix and collect charges for the use of water or for any other service furnished by means of the improvement district works in the same manner and with the same effect as charges are made and collected by districts for the use of water or for services.

article: 1. Improvement District Management


text: The board of the district may, provide for the maintenance and operation of the works of an improvement district from the funds of the irrigation district, in lieu of levying further improvement district assessments for such purposes.

history: (History: Added by Stats. 1945, Ch. 301.)

article: 1. Improvement District Management


text: Notwithstanding any other provision of this code, the board of a district in which an improvement district exists may establish facilities use charges for the use of irrigation facilities in such improvement district and, in establishing such charges, may provide that water shall be furnished or delivered through such facilities only to lands in such improvement district in respect of which such facilities use charges or annual installments thereof, fixed as provided in this section, shall have been paid in advance. Such facilities use charges shall be in amounts equal to the respective amounts of the assessments theretofore levied against the lands in such improvement district for the purpose of providing such facilities. In establishing such charges the board of the district shall provide (a) that payment in full of any such assessment shall constitute payment in advance in full of such facilities use charge; (b) that all facilities use charges not so paid in advance in full shall be payable in annual installments, each such annual installment to be equal in amount to (i) the annual installment of the unpaid assessment theretofore levied against the land in respect of which such charge is payable and due on or before the next succeeding November 20th plus interest thereon at the rate provided in the order levying such assessment plus 10 percent in addition (added for anticipated delinquencies), plus (ii) all delinquent annual installments, if any, of such unpaid assessment together with penalties and interest at said rate on such delinquent installments; and (c) that payment of any annual installment of any such facilities use charge shall constitute payment in full of the annual installment of such unpaid assessment due on or before the next succeeding November 20th and of all delinquent annual installments, if any, of such unpaid assessment. Any proceedings heretofore taken by the board of any district to establish the facilities use charges authorized by this section are hereby confirmed, validated and declared legally effective.

history: (History: Added by Stats. 1951, Ch. 137.)

article: 1. Improvement District Management


text: A district may issue improvement district warrants signed by its president and secretary in face amount not exceeding in the aggregate the cost of the improvements exclusive of interest and amounts paid prior to the issuance of these warrants on the assessment levied to pay for the improvement.

article: 2. Improvement District Warrants

path: 11. IRRIGATION DISTRICTS > 4. Functioning of Improvement Districts > 2. Improvement District Warrants


text: Improvement district warrants shall be made payable in amounts and at the times corresponding substantially to the amounts and times of payment of the installments of the improvement district assessment.

article: 2. Improvement District Warrants


text: Improvement district warrants shall bear interest at the rate fixed at the time of the levy of the improvement district assessment, and the interest may be made payable semiannually.

article: 2. Improvement District Warrants


text: Coupons for the interest on these warrants may be attached to them.

article: 2. Improvement District Warrants


text:
Improvement district warrants may be made payable to any of the following:

(a) Bearer.

(b) Persons furnishing work, labor, or material.

(c) The contractor if the work of improvement is to be done under contract.

article: 2. Improvement District Warrants


text: Improvement district warrants may be sold by the district for not less than par at either public or private sale.

article: 2. Improvement District Warrants


text: Any surplus funds and any money held by a district in a sinking or depreciation fund may in the discretion of its board be invested in the warrants of any improvement district within the district.

history: (History: Amended by Stats. 1947, Ch. 536.)

article: 2. Improvement District Warrants


text: At any time before improvement district warrants are issued, the amount of any improvement district assessment on any land, exclusive of interest and the 10 per cent added for anticipated delinquencies, may be paid in money.

article: 3. Advance Payment of Assessments

path: 11. IRRIGATION DISTRICTS > 4. Functioning of Improvement Districts > 3. Advance Payment of Assessments


text: Land on which the amount of the improvement district assessment has been paid pursuant to Section 24000 shall not be subject to the annual installments of the assessments levied for the purposes of the improvement, but it shall be and remain liable for any assessments levied for operation and for any supplemental or additional improvement district assessments levied.

article: 3. Advance Payment of Assessments


text: Any landowner of an improvement district who desires at any time to lessen or remove the lien upon his land of any improvement district assessment may deliver to the district treasurer funds for cancellation of warrants or any other obligation payable out of the assessment.

history: (History: Amended by Stats. 1963, Ch. 505.)

article: 3. Advance Payment of Assessments


text: Land upon which the assessment for improvement district warrants, including any interest, or for any other obligation payable out of the assessment, has been paid pursuant to Section 24002 shall not be subject to further assessments levied for the purposes of the improvement, but it shall remain liable for any assessments levied for operation and for any supplemental or additional improvement district assessments levied.

history: (History: Repealed and added by Stats. 1963, Ch. 505.)

article: 3. Advance Payment of Assessments


text: The treasurer shall inform the landowner or any authorized person proposing to lessen or remove the lien of an improvement district assessment upon a piece of land of the amount of principal and interest due and to become due on warrants and the amount of any other indebtedness payable out of the improvement district assessment. Upon receipt of funds the treasurer shall take such action as is necessary to clear the specified land of all or the appropriate portion of the lien created by the improvement district assessment.

article: 3. Advance Payment of Assessments


text: All acts, proceedings, conclusions, and findings of fact, including the levy of an assessment, by a board of a district concerning an improvement district therein shall be conclusive except in an action or proceeding instituted within six months after the acts, proceedings, conclusions, or findings were had or made.

article: 4. Actions and Proceedings

path: 11. IRRIGATION DISTRICTS > 4. Functioning of Improvement Districts > 4. Actions and Proceedings


text: An action to determine the validity of an assessment or of warrants may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

history: (History: Amended by Stats. 1961, Ch. 1541.)

article: 4. Actions and Proceedings


text: At any time prior to the incurring of any indebtedness or upon the full payment of all indebtedness of an improvement district, the board may by resolution set a time for a hearing on whether or not to dissolve the improvement district or a petition, signed and acknowledged by not less than the number of holders of title to land constituting the improvement district required to sign a petition to form the improvement district, may be filed with the board requesting that the improvement district be dissolved.

history: (History: Amended by Stats. 1963, Ch. 18.)

chapter: 5. Dissolution of Improvement Districts

path: 11. IRRIGATION DISTRICTS > 5. Dissolution of Improvement Districts


text: A hearing on dissolution shall be had in the same manner and after the same notice as is required for the formation of an improvement district.


text: The board may, after the hearing, order the improvement district dissolved.


text: In any case in which the board has by resolution determined that all indebtedness of the improvement district has been paid and the improvement for which the improvement district was formed no longer exists or is no longer operational, the board may order the improvement district dissolved without a hearing.

history: (History: Added by Stats. 1975, Ch. 628.)


text: The order of dissolution shall be recorded in the same manner as the order forming the improvement district.


text: A district may not incur any debt or liability whatever in excess of the express provisions of this division. Any debt or liability so incurred is absolutely void.

chapter: 1. General Financial Provisions

article: 1. Creation of Liabilities

path: 11. IRRIGATION DISTRICTS > 1. General Financial Provisions > 1. Creation of Liabilities


text: For the purposes of formation or for any other of its purposes a district may, before the levying of the first assessment, incur indebtedness in a total amount not to exceed two thousand dollars, ($2,000) or, if the district contains more than 4,000 acres, one-half as many dollars as there are acres of land in the district.

article: 1. Creation of Liabilities


text: A district shall have the right to enter into any contract or lease for any property necessary in the judgment of its board for any of the uses or purposes of the district and by the lease or contract to bind the district for the payment of the consideration specified in the lease or contract as may be provided therein.

history: (History: Amended by Stats. 1947, Ch. 965.)

article: 1. Creation of Liabilities


text: A district may enter into any forward contract, or futures contract, or put, call, or swap agreement, or similar procurement method for electricity, natural gas, or coal, or any weather, fuel, or energy risk management contract determined to be in the best interests of the district by the board of directors of the district for any of the uses or purposes of the district and by those contracts or agreements to bind the district for the payment of the consideration specified therein.

history: (History: Added by Stats. 2002, Ch. 846, Sec. 1. Effective January 1, 2003.)

article: 1. Creation of Liabilities


text: A district may contract with any state agency to finance any district improvement authorized by this division that is related to the provision of water for human consumption. The terms of the contract shall be consistent with this division. Notwithstanding any other provision in this division, the term of the contract may extend up to 30 years.

history: (History: Added by Stats. 2001, Ch. 606, Sec. 10. Effective October 9, 2001.)

article: 1. Creation of Liabilities


text:
On the first Monday in each month the collector shall do all of the following:

(a) Settle with the secretary for all money collected for assessments during the month next preceding.

(b) Pay the money to the treasurer.

(c) File in the district office with the secretary the receipt of the treasurer for the money paid.

article: 2. Settlements and Statements

path: 11. IRRIGATION DISTRICTS > 1. General Financial Provisions > 2. Settlements and Statements


text:
The collector shall be credited in his settlement with both:

(a) The amount due to the district on property he sells to the district for delinquent assessments.

(b) The amount by which any assessment is canceled or modified by order of the board.

article: 2. Settlements and Statements


text:
Within six days after he settles with the secretary, the collector shall file in the district office with the secretary a statement under oath, showing:

(a) An account of all his transactions and receipts during the period for which the settlement was made.

(b) Payment to the treasurer of all money collected by him as collector during the period for which the settlement was made except redemption money held for assignees of certificates of sale.

(c) The respective sums of redemption money held by him for assignees of certificates of sale and the names of the persons entitled to receive this money if known to him.

article: 2. Settlements and Statements


text:
The treasurer shall not later than the third Monday in each month file in the district office with the secretary a verified written report to the board showing all of the following:

(a) The amount of money in the district treasury at the close of the month next preceding.

(b) The amount of receipts for the month next preceding.

(c) The amount and items of expenditures for the month next preceding.

history: (History: Amended by Stats. 1977, Ch. 133.)

article: 2. Settlements and Statements


text:
The board, on or before its regular monthly meeting in the fourth month of its fiscal year, shall render a verified statement of the financial condition of the district showing particularly all of the following:

(a) Revenues of the next preceding year and their sources: amounts received (cash basis) or amounts received and receivable which increase the equity of the governmental unit (accrual basis).

(b) Expenditures of the next preceding year and their purposes: amounts paid (cash basis) or amounts paid and payable which decrease the equity of the governmental unit (accrual basis).

(c) The accounting method used (cash or accrual basis).

(d) A statement of the accounting method used for the preceding accounting period.

history: (History: Amended by Stats. 1985, Ch. 771, Sec. 5.)

article: 2. Settlements and Statements


text: Notification that the annual financial statement is available for inspection and review shall be made at least once a week for two weeks in a newspaper published in the county in which the principal office of the district is located.

history: (History: Repealed and added by Stats. 1985, Ch. 771, Sec. 6.5.)

article: 2. Settlements and Statements


text: Any money belonging to a district may be deposited by the officer of the district who has legal custody of the money, in accordance with the general laws governing the deposit of public money.

chapter: 2. Deposits

article: 1. Deposits Generally

path: 11. IRRIGATION DISTRICTS > 2. Deposits > 1. Deposits Generally


text: Where the deposit of money is insured by the Federal Deposit Insurance Corporation no additional security need be required from the bank for the portion of the district’s deposits so insured.

article: 1. Deposits Generally


text: Where arrangements have been made by the district with the Reconstruction Finance Corporation for deposit of district funds in the Federal Reserve Bank of the United States, such deposits may be made in that bank or any branch of it without requiring any security or interest.

article: 1. Deposits Generally


text: The board may draw from time to time from the construction fund and deposit in the county treasury of the office county any money in the construction fund in excess of twenty-five thousand dollars ($25,000).

article: 2. Deposits in County Treasury

path: 11. IRRIGATION DISTRICTS > 2. Deposits > 2. Deposits in County Treasury


text: The county treasurer shall receive and receipt for district money deposited with him and place it to the credit of the district, and he shall be responsible upon his official bond for the safe-keeping and disbursing of the money.

article: 2. Deposits in County Treasury


text: The county treasurer shall pay out district money or any portion of it only to the treasurer of the district and only upon the order of the board signed by the president and attested by the secretary.

article: 2. Deposits in County Treasury


text:
A county treasurer having charge of district money shall report as to it in writing on the second Monday in each month all of the following:

(a) Amount in the county treasury at the close of the month next preceding.

(b) Amounts received in the month next preceding.

(c) Amounts paid out in the month next preceding.

The report shall be verified and filed with the secretary.

article: 2. Deposits in County Treasury


text: The board may by resolution establish special accounts from the general fund when they are convenient for the efficient and economical operation of the district and designate the person or officer to have custody of the several accounts so established.

article: 3. Special Accounts

path: 11. IRRIGATION DISTRICTS > 2. Deposits > 3. Special Accounts


text: Special accounts from the general fund shall severally be supplied from the general fund by warrant in the same manner as in the payment of any claim against the district.

article: 3. Special Accounts


text:
The person in custody of any special account shall make a verified report in writing to the board between the first and tenth of each month showing all of the following for the month next preceding:

(a) Amount of money received by him for the account in his charge.

(b) Amount and items of expenditures from the account.

The report shall be filed with the secretary.

article: 3. Special Accounts


text: No payment shall be made from any special account except upon the written order of a person designated for the purpose by the board, which order shall indicate the purpose for which and the person to whom payment is to be made.

article: 3. Special Accounts


text:
The following funds are created to which district money properly belonging shall be apportioned:

(a) Bond principal fund.

(b) Bond interest fund.

(c) Construction fund.

(d) General fund.

chapter: 3. Funds

article: 1. Funds Generally

path: 11. IRRIGATION DISTRICTS > 3. Funds > 1. Funds Generally


text: A district may provide for a reserve fund to be used for the payment of the interest or principal of any outstanding bonds. If the estimate referred to in Section 24955 and the order determining the amount of bonds provided for in Section 24962, provide for a revenue bond reserve fund in a specified amount to be set aside out of the proceeds of sale of revenue bonds, then the district may, upon the sale of any bonds payable solely from revenues, create such revenue bond reserve fund and set aside in such fund out of the proceeds of sale of such bonds a sum not exceeding such specified amount, such fund to be maintained from revenues and used and withdrawn solely for the purpose of paying the principal of and interest on such bonds in the event that no other funds are available therefor.

history: (History: Amended by Stats. 1955, Ch. 298.)

article: 1. Funds Generally


text: A district may establish any fund required to comply with the terms of any plan by which any bonds are to be paid.

article: 1. Funds Generally


text: To the extent that any fund contains money applicable to a sinking fund provided for in a refunding plan or modification of it, the treasurer shall withdraw the sinking fund money from the fund to the amount and at the times required by the terms of the refunding plan or modification of it and apply the money pursuant to those terms.

article: 1. Funds Generally


text: Surplus funds on hand and available for payment into a refunding bond sinking fund may on order of the board be paid into it.

article: 1. Funds Generally


text: Any money in a refunding bond sinking fund may be invested in bonds of the United States or of this State.

article: 1. Funds Generally


text: Federal and State bonds so purchased with the sinking fund money together with the income from them shall be held as part of the sinking fund until the board determines that it is for the best interests of the district that the bonds or any of them be sold.

article: 1. Funds Generally


text: The proceeds from the sale of any bonds in which any part of the sinking fund was invested shall be deposited in the sinking fund.

article: 1. Funds Generally


text: The proceeds of the annual assessment shall be paid into the district treasury and be apportioned to the several proper funds.

article: 1. Funds Generally


text: The proceeds of limited assessments shall be paid into the district treasury for the purpose for which the assessments were respectively authorized.

article: 1. Funds Generally


text: The proceeds from the lease or sale of any property specifically allocated to the payment of warrants shall be placed in a separate fund and shall not be diverted to any other purpose until the warrants are paid in full.

article: 1. Funds Generally


text: Whenever an object for which money has been specifically provided by district assessment or by bond issue has been accomplished and any money provided therefor remains unexpended, it may be transferred by the board to the general fund and thereafter be available for any district purposes.

article: 1. Funds Generally


text: Upon presentation of any matured bond of the district, the treasurer shall pay it from the bond principal fund.

article: 2. Payment and Purchase of Bonds

path: 11. IRRIGATION DISTRICTS > 3. Funds > 2. Payment and Purchase of Bonds


text: Upon presentation of any matured interest coupon of any bond of the district, the treasurer shall pay it from the bond interest fund.

article: 2. Payment and Purchase of Bonds


text: If the principal or interest of any bonds is payable from any special or sinking fund, it shall be payable from that fund.

article: 2. Payment and Purchase of Bonds


text: If money is not available in the fund designated for the payment of any matured bond or interest coupon, it shall draw interest at the annual adjusted rate established by the Franchise Tax Board, as provided in Section 19269 of the Revenue and Taxation Code, from the date of its presentation for payment until notice is given that funds are available for its payment.

history: (History: Amended by Stats. 1985, Ch. 771, Sec. 7.)

article: 2. Payment and Purchase of Bonds


text: In the case of any district described in Section 20560.1 with respect to construction bonds issued for purposes of financing the works described in that section, if money is not available in the fund designated for the payment of any matured bond or interest coupon of the district payable solely from revenues, it shall draw interest at the rate borne by the bond or interest coupon from the date of its presentation for payment until notice is given that funds are available for its payment.

history: (History: Added by Stats. 1983, Ch. 871, Sec. 3.)

article: 2. Payment and Purchase of Bonds


text: A bond presented but not paid shall be stamped and provision made for its payment as in the case of a warrant payable on demand for the payment of which funds are not available on its presentation.

history: (History: Added by Stats. 1943, Ch. 372.)

article: 2. Payment and Purchase of Bonds


text: Whenever there is in any fund of the district money in excess of that required for the purposes of the fund up to the time when any part of the next annual assessment levied or to be levied in the district will become delinquent, the district may purchase with this surplus money or any part of it any of its outstanding bonds not yet due.

article: 2. Payment and Purchase of Bonds


text: Bonds so purchased may be canceled or held as a part of the district assets until the board determines that it is for the best interests of the district that the bonds or any of them be sold. Bonds not resold prior to the date of their maturity shall be canceled.

article: 2. Payment and Purchase of Bonds


text: Payments on behalf of a distribution district shall be made only out of the proceeds and charges for the use of water or other service levied or fixed and collected for the purpose of meeting the requirements of a contract between the distribution district and the United States executed under the federal reclamation laws, and for repayment to the district for expenses necessarily incurred by it in connection with the formation of the distribution district.

history: (History: Added by Stats. 1949, Ch. 169.)

article: 2.5. Distribution District Funds

path: 11. IRRIGATION DISTRICTS > 3. Funds > 2.5. Distribution District Funds


text: Distribution district warrants shall be used solely for making payments which may be required to carry out the requirements of a contract between a distribution district and the United States, executed under the provisions of the federal reclamation laws.

article: 2.5. Distribution District Funds


text: If the proceeds from any distribution district assessment or charge exceed the amounts necessary for the purpose for which they were levied, the excess may either be held in a proper fund to be used for the operation of the distribution district or be transferred to the general fund of the district to be used as the board deems proper for the benefit of the land in the distribution district.

article: 2.5. Distribution District Funds


text: Receipts from assessments levied and charges fixed in connection with distribution districts shall be deposited in a separate fund for the benefit of the distribution district to be used for meeting any payments which may be required in carrying out the requirements of a contract between a distribution district and the United States, executed under the provisions of the federal reclamation laws.

article: 2.5. Distribution District Funds


text: The cost of improvement district improvements shall be paid only out of the proceeds of an improvement district assessment levied upon and collected from the land in the improvement district for improvement purposes.

article: 3. Improvement District Funds

path: 11. IRRIGATION DISTRICTS > 3. Funds > 3. Improvement District Funds


text: Improvement district warrants shall be paid only out of the proceeds of an improvement district assessment levied upon and collected from the land within the improvement district for improvement purposes.

article: 3. Improvement District Funds


text: Improvement district warrants or their proceeds shall be used solely for making the improvements for which the improvement district was formed and the necessary incidental expenses.

article: 3. Improvement District Funds


text: The cost of the improvement for an improvement district may be paid immediately from either the general fund of the district or from any special or construction fund available, the money advanced to be returned to the fund from which taken upon the collection of assessments for the improvement district or sale of improvement district warrants.

history: (History: Amended by Stats. 1947, Ch. 536.)

article: 3. Improvement District Funds


text: If the proceeds from any improvement district assessment levied for improvement purposes exceeds the final amount necessary for the purposes for which it was levied, the excess may be held in a special fund to be used for the operation of the works of the improvement district, be transferred to the general fund of the district to be used as the board deems proper for the benefit of the land in the improvement district, or be distributed to the holders of title to land in the improvement district in the proportion that the respective parcels of land contributed to the total collected from the improvement district assessment, the holders of title to be conclusively determined by the district assessment book last equalized at the time the distribution is made, with unknown and fictitiously named owners being disregarded.

article: 3. Improvement District Funds


text: Receipts from assessments levied for the operation of improvement districts and charges in lieu of the assessments, when collected, shall be deposited in a separate fund for the benefit of the improvement district to be used for its operation.

article: 3. Improvement District Funds


text: No claim shall be paid by the treasurer until allowed by the board, and only upon a warrant signed by the president and countersigned by the secretary.

chapter: 4. Warrants

article: 1. Payment of Claims

path: 11. IRRIGATION DISTRICTS > 4. Warrants > 1. Payment of Claims


text: All claims against any district presented by any officer or employee for mileage, personal expenses, or for money expended by the claimant for the district shall be filed with the board upon a form furnished by the district.

article: 1. Payment of Claims


text:
Claims set forth in Section 24601 shall be itemized in detail to show:

(a) Date of each expenditure.

(b) Place where the expenditure was made.

(c) Purpose for which any money claimed was expended.

(d) Miles traveled and purposes of trips for which mileage is claimed.

(e) Any other matters the board may require.

article: 1. Payment of Claims


text: The officer or employee presenting any claim provided for in Section 24601 shall verify it before the secretary, who is authorized to administer oaths for that purpose, or before any person authorized by law to administer oaths.

article: 1. Payment of Claims


text:
The verification shall state in substance all of the following:

(a) The money claimed was actually expended or the mileage stated was actually traveled for the district in pursuance of the duties of the officer or employee presenting the claim.

(b) The claim is presented in good faith and has not been previously paid.

article: 1. Payment of Claims


text: If any contract or lease for the acquisition of property provides for any future payments by the district, warrants may be issued, on order of the board, for the payments, which warrants shall be made payable at the times provided in the contract or lease.

article: 2. Warrants Payable at Future Times

path: 11. IRRIGATION DISTRICTS > 4. Warrants > 2. Warrants Payable at Future Times


text: When a particular purpose or emergency assessment has been authorized, warrants in an amount equal to the amount of the assessment may be issued on order of the board to carry out the purpose for which the assessment was authorized. These warrants shall be made payable at the time or times that the board estimates that they can be paid from the proceeds of the assessment.

article: 2. Warrants Payable at Future Times


text: Any outstanding registered warrants and their accrued interest may be refunded by the issuance of warrants payable at stated times fixed by the board. These warrants may be exchanged for the registered warrants or sold for not less than their par value to provide funds for the payment of the registered warrants or any of them and their accrued interest.

article: 2. Warrants Payable at Future Times


text: Warrants payable at a future time or times may be issued in consideration of money loaned to the district for the purchase of any of its outstanding bonds or the refinancing or retiring of any outstanding contract. The annual interest payable on these warrants shall be less than the annual interest on the bonds purchased or contract refinanced or retired with the proceeds of the warrants.

article: 2. Warrants Payable at Future Times


text: Warrants payable at a future time or times may also be issued to obtain funds or property for any lawful purpose of the district.

history: (History: Amended by Stats. 1991, Ch. 1226, Sec. 35.)

article: 2. Warrants Payable at Future Times


text: Any warrant authorized in the preceding sections of this article shall draw interest at a rate to be fixed by the board not to exceed 8 percent per year payable annually or semiannually as the board may prescribe.

history: (History: Amended by Stats. 1975, Ch. 130.)

article: 2. Warrants Payable at Future Times


text: Coupons payable to bearer in a form and signed as prescribed by the board may be attached to warrants payable at a future date to evidence their interest.

article: 2. Warrants Payable at Future Times


text: Warrants of any district may be issued to evidence the indebtedness allowed to be incurred prior to the levy of the first district assessment, bearing interest fixed by the board at not more than 8 percent per year. These warrants shall be made payable on a date not later than the first day of July next after the first annual assessment in the district is levied.

article: 2. Warrants Payable at Future Times


text: If any district owns any property which it is authorized to lease or sell, its board may in the contract providing for the issuance of warrants payable at a future time, agree that the proceeds of the lease or sale of the property, not required by law to be used for other purposes, shall be allocated to the payment of these warrants.

article: 2. Warrants Payable at Future Times


text: No warrants issued pursuant to this article made payable more than five years from the date of issuance shall be valid unless their issuance is authorized by a majority of the voters voting at an election called by the board for the purpose of determining whether or not the warrants shall be authorized.

article: 2. Warrants Payable at Future Times


text: Notice of the election shall be given and the election shall be held and the result determined as nearly as practicable in the manner provided for bond elections.

article: 2. Warrants Payable at Future Times


text: All warrants issued pursuant to this article shall be sold by the board in such manner and in such quantities as may be determined by the board in its discretion, but except as otherwise expressly provided in this article, no such warrants shall be sold for less than 95 percent of the par value thereof.

history: (History: Added by Stats. 1975, Ch. 9.)

article: 2. Warrants Payable at Future Times


text:
The provisions of this article are applicable only to the following types of warrants:

(a) Warrants made payable on demand.

(b) Warrants issued to evidence the indebtedness allowed to be incurred prior to the levy of the first district assessment.

article: 3. Registration of Warrants

path: 11. IRRIGATION DISTRICTS > 4. Warrants > 3. Registration of Warrants


text: Whenever any warrant of a district is presented to the treasurer for payment when funds are not available for its payment, it shall thereafter draw interest at a rate determined by resolution of the board but not exceeding 8 percent per year until public notice is given that funds are available for its payment.

article: 3. Registration of Warrants


text:
Upon the presentation of any warrants for payment when funds are not available to pay them, the treasurer shall indorse on them all of the following:

(a) “Funds not available for payment.”

(b) Date of presentation.

(c) Rate of interest that the warrants will thereafter bear.

(d) His signature.

article: 3. Registration of Warrants


text: A warrant so indorsed is a registered warrant.

article: 3. Registration of Warrants


text:
The treasurer shall keep a record showing all of the following:

(a) Number and amount of each registered warrant.

(b) Date of its issuance.

(c) Person in whose favor it was issued.

(d) Date of its presentation for payment.

article: 3. Registration of Warrants


text: Whenever there is sufficient money available in the treasury to pay all outstanding registered warrants or whenever the board orders all registered warrants presented for payment prior to a certain date to be paid and there is sufficient money available for the payments, the treasurer shall give notice to that effect.

article: 3. Registration of Warrants


text:
The notice shall state that the treasurer is prepared to pay all registered warrants or all registered warrants presented for payment prior to the date fixed by the board.

No further description of the warrants entitled to payment need be made in the notice.

article: 3. Registration of Warrants


text: The notice shall be published in a newspaper published in the district, or if none is published in the district, in a newspaper published in any affected county, or if none is published in any affected county, the treasurer shall post the notice conspicuously at the office of the district.

article: 3. Registration of Warrants


text: All warrants designated in the notice shall cease to draw interest at the time of the first publication or posting of the notice.

article: 3. Registration of Warrants


text: Upon the presentation of any warrant designated in the notice, the treasurer shall pay it together with the interest due on it from the date of its original presentation for payment to the date of the first publication or posting of the notice.

article: 3. Registration of Warrants


text:
The treasurer shall enter all of the following in the record of registered warrants he is required to keep:

(a) Dates of the payment of the warrants.

(b) Names of the persons to whom payments are made.

(c) Amount paid to each person.

article: 3. Registration of Warrants


text: No action or proceeding shall be maintained to enforce the payment of any registered warrant or to require the levy of an assessment therefor unless the action or proceeding is commenced within four years from the date of the original presentation of the warrant to the treasurer for payment.

article: 3. Registration of Warrants


text: A district may enter into agreement either individually or collectively with the holder or holders of any registered warrants fixing the time of, method of, and allocation of funds for the payment of the warrants and may in this agreement or otherwise waive the time of commencing any action or proceeding thereon.

history: (History: Amended by Stats. 1991, Ch. 1226, Sec. 37.)

article: 3. Registration of Warrants


text: In the case of any district described in Section 20560.1, and for purposes of financing costs of maintenance and operation on a temporary basis, repair to or replacement of damage caused by, or costs incurred as a result of, fire, flood, drought, earthquake, sabotage or acts of God, or preliminary or developmental work except for preliminary or developmental work on the Tuolumne River or its tributaries above the New Don Pedro Reservoir, in connection with works or facilities described in Section 20560.1, the district may borrow money by the issuance of notes or other evidences of indebtedness payable either from the revenue of the district or from the proceeds of sale of any authorized but unissued revenue bonds of the district, as the board may determine. Authorized but unissued revenue bonds of the district which have been approved by a vote of the electorate may only be issued for those purposes authorized by the electorate. The notes or other evidences of indebtedness shall be authorized by resolution of the board and may be issued without the necessity of calling and holding an election in the district. The notes or other evidences of indebtedness authorized under this section shall mature in not to exceed seven years from their date, may be sold either at public or private sale, and shall bear interest at such rate or rates and shall be sold at such price or prices as shall result in interest costs not exceeding such limits as may be determined by the board. The interest rates may be fixed or variable and shall not exceed 17 percent per annum. All other terms and conditions of such notes or other evidences of indebtedness shall be determined in accordance with the authorizing resolution. The notes or other evidences of indebtedness may be issued as part of a tax-exempt commercial paper program or other short-term note financing program. The district may arrange for the use of bank letters of credit or bank lines of credit for any purpose for which the notes or other evidences of indebtedness may be issued, as well as to provide additional sources of repayment for the notes or other evidences of indebtedness issued under this section. The maximum principal amount of notes or other evidences of indebtedness outstanding under this section, including the amounts drawn on available bank letters of credit or bank lines of credit, shall not at any one time exceed (1) twenty-five million dollars ($25,000,000) or 25 percent of the district’s annual gross revenues from the generation, transmission, distribution, and sale of electric power during its preceding fiscal year, whichever is greater, when payable from the revenues of the district; or (2) the principal amount of any authorized but unissued revenue bonds of the district, not to exceed twenty-five million dollars ($25,000,000), when payable from the proceeds of sale of such authorized but unissued revenue bonds. The notes or other evidences of indebtedness shall be legal investments for all trust funds, for the funds of all insurance companies, commercial banks, savings banks, trust companies, the state school funds, and for any funds which may be invested in bonds of cities, cities and counties, counties, school districts, or municipalities in the state.

history: (History: Added by Stats. 1982, Ch. 1641, Sec. 5.)

article: 3. Registration of Warrants


text:
Any district described in Section 20560.1 may issue notes or other evidences of indebtedness pursuant to Section 24675 to finance any works or facilities for the generation, transmission, distribution, or sale of electric power, except for preliminary or development work on the Tuolumne River or its tributaries above the New Don Pedro Reservoir, if bonds have already been approved prior to the issuance of the notes or evidences of indebtedness by a vote of the electorate pursuant to Section 21933 to finance the works or facilities. In no event shall the proceeds of any notes or other evidences of indebtedness issued pursuant to this section be issued for any purpose other than those authorized by the vote of the electorate, and in no event shall notes or other evidences of indebtedness issued for any purpose under this section, including bonds issued for the same purpose, exceed the amounts of bonds and notes or other evidences of indebtedness authorized by vote of the electorate for that purpose.

The limitation on outstanding notes or other evidences of indebtedness contained in Section 24675 shall not apply to notes or other evidences of indebtedness issued under this section.

history: (History: Added by Stats. 1983, Ch. 871, Sec. 4.)

article: 3. Registration of Warrants


text: Any owner of any bonds or warrants of a district may surrender them to the district by giving the bonds or warrants to the secretary for cancellation.

article: 1. Surrender of Bonds and Warrants

path: 11. IRRIGATION DISTRICTS > 5. Provisions Applicable to Bonds and Warrants > 1. Surrender of Bonds and Warrants


text: The board shall then order the bonds or warrants canceled.

chapter: 5. Provisions Applicable to Bonds and Warrants

article: 1. Surrender of Bonds and Warrants


text: Upon the making of the order, the bonds or warrants shall cease to be an obligation of the district as of the time of their presentation to the secretary.

article: 1. Surrender of Bonds and Warrants


text: This article does not restrict any other method of releasing obligations of a district to it.

article: 1. Surrender of Bonds and Warrants


text:
If a district desires to extend the time or times of maturity of any or all of its bonds or warrants payable at stated times or to reduce the rate of interest thereon or to effect any combination of these, it may either:

(a) Enter into an agreement in writing with the holders of the bonds or warrants affected, specifying the changes in dates of maturity, rate or rates of interest, or both.

(b) Propose a plan of composition of its outstanding indebtedness which involves changes in dates of maturity, rate or rates of interest, or both.

article: 2. Modification of Bonds and Warrants

path: 11. IRRIGATION DISTRICTS > 5. Provisions Applicable to Bonds and Warrants > 2. Modification of Bonds and Warrants


text: The rate of interest specified in the agreement or plan shall not exceed 8 percent per year.

article: 2. Modification of Bonds and Warrants


text: All interest coupons shall be payable on the first day of January or the first day of July.

article: 2. Modification of Bonds and Warrants


text: The board may call an election to submit to the voters the question whether or not the bonds or warrants shall be modified as provided in the agreement or plan. Notice of the election shall be given and it shall be held and its result declared as nearly as practicable as in the case of bond elections.

history: (History: Amended by Stats. 1992, Ch. 1020, Sec. 17. Effective January 1, 1993.)

article: 2. Modification of Bonds and Warrants


text: If a majority of the votes cast for and against the proposal is in favor of modifying the bonds or warrants, the proposal is approved.

article: 2. Modification of Bonds and Warrants


text:
An agreement or plan may not be carried out pursuant to this article until a proposal therefor is approved by the voters, and a plan may not be carried out until it is either:

(a) Agreed to in writing by all of the holders of bonds and warrants affected.

(b) Confirmed in accordance with federal bankruptcy law.

history: (History: Amended by Stats. 2002, Ch. 94, Sec. 7. Effective January 1, 2003.)

article: 2. Modification of Bonds and Warrants


text: Upon the presentation to the secretary of any of the bonds or warrants covered by the agreement or plan, he shall indorse on them the date to which their maturity is extended and shall attach to them coupons with his signature or a facsimile of it to evidence the semiannual interest from the time or times of the original maturity of the bonds or warrants to the new maturity date or dates.

article: 2. Modification of Bonds and Warrants


text: If the agreement or plan provides for a reduction in the rate of interest on the bonds or warrants before the original time or times of their maturity, new coupons shall be attached to the bonds or warrants to evidence the reduced interest. Any old coupons evidencing the interest originally provided shall be detached by the secretary from the bonds or warrants and canceled.

article: 2. Modification of Bonds and Warrants


text: Each bond or warrant presented and indorsed shall continue as an obligation of the district and shall not become due until the date specified in the agreement or plan.

article: 2. Modification of Bonds and Warrants


text: This article does not amend, modify, or limit any other provision of law for changing the date or dates of maturity of outstanding obligations of a district, but provides an alternative method of extending any obligations whose date or dates of maturity may be changed under any other provision of law.

article: 2. Modification of Bonds and Warrants


text: Construction bonds may be authorized for the purposes of acquiring necessary irrigation, drainage, and power development and distribution works, acquiring the necessary property for these works, acquiring any property necessary for the purposes of the district, and otherwise carrying out the provisions of this division.

chapter: 1. Construction Bonds

path: 11. IRRIGATION DISTRICTS > 1. Construction Bonds


text:
The board shall at any of the following times estimate the amount of money it is necessary to raise for the purposes for which construction bonds may be issued:

(a) As soon after the district has been formed as may be practicable.

(b) Whenever the board finds that the construction fund raised by the next preceding bond issue is insufficient or has been exhausted by expenditures therefrom and it is necessary to raise additional money for the purposes for which construction bonds may be authorized.


text: The board shall cause any surveys, examinations, and drawings, to be made which will furnish the proper basis for making an estimate of the amount of money necessary to be raised.


text: The surveys, examinations, and drawings shall be made under the direction of a competent engineer and shall be certified by him.


text: The surveys, examinations, drawings, and estimate may provide that the works necessary for a completed project shall be constructed progressively during a period of years.


text: The estimate may include a sum sufficient to pay the interest on the proposed construction bonds for four years or less and, if the bonds are to be payable solely from revenues, the estimate may also include a sum for a revenue bond reserve fund to be set aside out of the proceeds of sale of revenue bonds to be maintained by revenues and used and withdrawn solely for the purpose of paying the principal of and interest on such bonds in the event that no other funds are available therefor.


text: In the case of any district described in Section 20560.2 with respect to construction bonds issued for purposes of financing the works described in that section, the estimate may also include a sum sufficient to pay the interest on the proposed construction bonds for 10 years or less.

history: (History: Amended by Stats. 1992, Ch. 1020, Sec. 18. Effective January 1, 1993.)


text: The estimate shall include the estimated cost of inspection required by law of works in course of construction.


text: The board, if it declares by resolution that the proposed plan of the project is satisfactory and that the plan is feasible, shall adopt an order determining the amount of bonds that should be issued to raise the money necessary to complete the proposed project. Construction bonds in an amount fixed in the order determining the amount in which they should be issued shall not be issued unless their issuance is authorized at a bond election, and the bonds in the amount fixed shall be issued when their issuance is authorized at a bond election.

history: (History: Amended by Stats. 1992, Ch. 1020, Sec. 19. Effective January 1, 1993.)


text: Any district may issue refunding bonds for the purpose of refunding any or all of the outstanding bonds and warrants of the district.

history: (History: Amended by Stats. 1943, Ch. 684.)

chapter: 2. Refunding Bonds

article: 1. General Refunding Provisions

path: 11. IRRIGATION DISTRICTS > 2. Refunding Bonds > 1. General Refunding Provisions


text: Notwithstanding any other provision of this division requiring any election, any district described in Section 20560.1 may issue refunding bonds for the purpose of refunding any or all of the outstanding bonds of the district, even if the principal amount of the refunding bonds is greater than the principal amount of the bonds being refunded, without the necessity of calling and holding an election in the district if the issuance of the refunding bonds results in a reduction in the total remaining interest and principal payments on bonds of the district. In no event shall the proceeds of any refunding bonds issued pursuant to this section be used for purposes other than to refund outstanding bonds of the district or for purposes other than those for which the refunded bonds were authorized.

history: (History: Added by Stats. 1983, Ch. 871, Sec. 6.)

article: 1. General Refunding Provisions


text: The board shall call an election for the purpose of authorizing the issuance of the refunding bonds.

history: (History: Amended by Stats. 1991, Ch. 1226, Sec. 49.)

article: 1. General Refunding Provisions


text: Notice of the election shall be given and it shall be held and its result determined and declared substantially in the manner provided for a bond election, except that a majority vote only is required for the authorization of refunding bonds.

article: 1. General Refunding Provisions


text: Any issue of refunding bonds may in the discretion of the board mature serially or at one time.

article: 1. General Refunding Provisions


text: The maturities of refunding bonds shall be fixed by the board.

history: (History: Amended by Stats. 1991, Ch. 1226, Sec. 50.)

article: 1. General Refunding Provisions


text: If any issue of refunding bonds are made to mature at one time, the board prior to or at the time of their issuance shall provide for the creation of and payments into a sinking fund for the payment of the bonds in amounts determined by the board.

history: (History: Amended by Stats. 1991, Ch. 1226, Sec. 51.)

article: 2. Refunding Bond Sinking Fund

path: 11. IRRIGATION DISTRICTS > 2. Refunding Bonds > 2. Refunding Bond Sinking Fund


text: The amount of sinking fund payments may be modified from time to time by the board.

history: (History: Amended by Stats. 1991, Ch. 1226, Sec. 52.)

article: 2. Refunding Bond Sinking Fund


text: Whenever the sinking fund contains at least ten thousand dollars ($10,000), the board may publish notice of redemption at least once a week for three successive weeks in some newspaper published in the office county and may publish it in any other newspaper.

history: (History: Added by Stats. 1943, Ch. 372.)

article: 2. Refunding Bond Sinking Fund


text:
The notice shall set forth all of the following:

(a) The amount available for the redemption of the bonds.

(b) An invitation for sealed proposals for the sale to the district of any of its outstanding refunding bonds for the payment of which the sinking fund was created.

(c) The time and place when the proposals will be opened.

article: 2. Refunding Bond Sinking Fund


text: All proposals received in response to the notice shall be opened by the board in open meeting at the time specified in the notice or at a time to which the meeting is adjourned.

article: 2. Refunding Bond Sinking Fund


text: Any or all of the proposals may, in the discretion of the board, be rejected.

article: 2. Refunding Bond Sinking Fund


text: If no bids are received or if the bids received and accepted are not sufficient to exhaust the money on hand and available for the purpose, the district through its board may purchase at private sale with any available money in the sinking fund any bonds for the payment of which the sinking fund was created.

article: 2. Refunding Bond Sinking Fund


text: No proposal to sell bonds to the district pursuant to this article at a price in excess of their par value shall be accepted.

article: 2. Refunding Bond Sinking Fund


text: All bonds purchased from sinking fund money shall be forthwith canceled.

article: 2. Refunding Bond Sinking Fund